Rights against torture in Nepal: commitment and reality

Sharma, Hemang (2015) Rights against torture in Nepal: commitment and reality. International Human Rights Law Review, 4 (1). pp. 104-136. ISSN 2213-1027

Abstract

Torture is a serious human rights problem in the world. Despite the absolute prohibition under the Convention against Torture (cat) and other international law, torture is still practiced in many parts of the world. The widespread prevalence of torture is a source of concern. Nepal is a party to the cat. The Interim Constitution of Nepal guarantees the rights against torture as fundamental rights. However, reports from various organisations provide chilling records and case studies about the widespread use of torture.
The increasing link between national and international human rights organisations
put pressure to the government to cease torture in practice. Strong political commitment,
anti-torture measures along with addressing root-causes of torture are essential to
protect the right to freedom from torture. This article examines the complexity of commitment
and practical implementation of the cat in the least developed country of
Nepal. The aim of the article is to contribute to reforming the normative framework and
to make the government accountable for the prevention of torture.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © Brill, Leiden, 2015. Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 16 Dec 2015 02:33
Last Modified: 28 Jul 2016 03:51
Uncontrolled Keywords: torture; investigation; impunity; perpetrator; poverty; legislative measures
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
Identification Number or DOI: 10.1163/22131035-00401001
URI: http://eprints.usq.edu.au/id/eprint/28210

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