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109-628: Torture is the deliberate infliction of severe pain or suffering on a person for reasons including punishment , extracting a confession , interrogation for information , or intimidating third parties. Some definitions restrict torture to acts carried out by the state , while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners , or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label

218-559: A capital crime if there were fewer than the two eyewitnesses required to convict someone in the absence of a confession. Torture was still a labor-intensive process reserved for the most severe crimes; most torture victims were men accused of murder, treason, or theft. Medieval ecclesiastical courts and the Inquisition used torture under the same procedural rules as secular courts. The Ottoman Empire and Qajar Iran used torture in cases where circumstantial evidence tied someone to

327-433: A confession from a suspect, but presents a higher risk of false confession. Many torture victims will say whatever the torturer wants to hear to end the torture. Others who are guilty refuse to confess, especially if they believe it would only bring more torture or punishment. Medieval justice systems attempted to counteract the risk of false confession under torture by requiring confessors to provide falsifiable details about

436-454: A crime, although Islamic law has traditionally considered evidence obtained under torture to be inadmissible . Torture remained legal in Europe during the seventeenth century, but its practice declined. Torture was already of marginal importance to European criminal justice systems by its formal abolition in the 18th and early 19th centuries. Theories for why torture was abolished include

545-481: A deterrent to other would-be offenders. Meanwhile, early writers on education, such as Roger Ascham , complained of the arbitrary manner in which children were punished. Peter Newell writes that perhaps the most influential writer on the subject was the English philosopher John Locke , whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. Locke's work

654-437: A distinction between torture and painful punishments. Historically, torture was seen as a reliable way to elicit the truth, a suitable punishment, and deterrence against future offenses. When torture was legally regulated, there were restrictions on the allowable methods; common methods in Europe included the rack and strappado . In most societies, citizens could be judicially tortured only under exceptional circumstances and for

763-491: A fixed penalty to be torture, as it does not seek to break the victim's will. Torture may also be used indiscriminately to terrorize people other than the direct victim or to deter opposition to the government. In the United States , torture was used to deter slaves from escaping or rebelling. Some defenders of judicial torture prior to its abolition argued that it deterred crime; reformers contended that because torture

872-407: A higher rate than for any other traumatic experience. Not all survivors or rehabilitation experts support using medical categories to define their experience, and many survivors remain psychologically resilient . Criminal prosecutions for torture are rare and most victims who submit formal complaints are not believed. Despite the efforts for evidence-based evaluation of the scars from torture such as

981-440: A human being can retain within himself" and that "whoever was tortured, stays tortured". Many torture victims, including Améry, later die by suicide. Survivors often experience social and financial problems. Circumstances such as housing insecurity , family separation , and the uncertainty of applying for asylum in a safe country strongly impact survivors' well-being. Death is not an uncommon outcome of torture. Understanding of

1090-613: A number of contexts: In many Western countries, medical and human rights organizations oppose the corporal punishment of children. Campaigns against corporal punishment have aimed to bring about legal reforms in order to ban the use of corporal punishment against minors in homes and schools. Author Jared Diamond writes that hunter-gatherer societies have tended to use little corporal punishment whereas agricultural and industrial societies tend to use progressively more of it. Diamond suggests this may be because hunter-gatherers tend to have few valuable physical possessions, and misbehavior of

1199-569: A person to do something and physical attacks that ultimately target the mind. Death threats , mock execution , or being forced to witness the torture of another person are often reported to be subjectively worse than being physically tortured and are associated with severe sequelae . Other torture techniques include sleep deprivation , overcrowding or solitary confinement , withholding of food or water, sensory deprivation (such as hooding ), exposure to extremes of light or noise (e.g., musical torture ), humiliation (which can be based on sexuality or

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1308-617: A prison term. The Singaporean practice of caning became much discussed around the world in 1994 when American teenager Michael P. Fay received four strokes of the cane for vandalism. Judicial caning and whipping are also used in Aceh Province in Indonesia. A number of other countries with an Islamic legal system, such as Saudi Arabia, UAE, Qatar, Iran, Brunei, Sudan, and some northern states in Nigeria, employ judicial whipping for

1417-573: A range of offences. In April 2020, the Saudi Supreme Court ended the flogging punishment from its court system, and replaced it with jail time or fines. As of 2009 , some regions of Pakistan are experiencing a breakdown of law and government, leading to a reintroduction of corporal punishment by ad hoc Islamicist courts. As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation . However,

1526-543: A reputation for their cruel use of such punishments; Sparta , in particular, used them as part of a disciplinary regime which was designed to increase willpower and physical strength. Although the Spartan example was extreme, corporal punishment was possibly the most frequent type of punishment. In the Roman Empire, the maximum penalty which a Roman citizen could receive under the law was 40 "lashes" or 40 "strokes" with

1635-410: A serious crime such as treason , often only when some evidence already existed. In contrast, non-citizens such as foreigners and slaves were commonly tortured. Torture was rare in early medieval Europe but became more common between 1200 and 1400. Because medieval judges used an exceptionally high standard of proof, they would sometimes authorize torture when circumstantial evidence tied a person to

1744-445: A shift to methods that do not leave marks to aid in deniability and to deprive victims of legal redress. As they faced more pressure and scrutiny, democracies led the innovation in clean torture practices in the early twentieth century; such techniques diffused worldwide by the 1960s. Patterns of torture differ based on a torturer's time limits—for example, resulting from legal limits on pre-trial detention. Beatings or blunt trauma are

1853-454: A side effect of a broken criminal justice system in which underfunding, lack of judicial independence , or corruption undermines effective investigations and fair trials . In this context, people who cannot afford bribes are likely to become victims of torture. Understaffed or poorly trained police are more likely to resort to torture when interrogating suspects. In some countries, such as Kyrgyzstan , suspects are more likely to be tortured at

1962-586: A state dates back to Poland in 1783. However, its prohibition in all spheres of life – in homes, schools, the penal system and alternative care settings – occurred first in 1966 in Sweden. The 1979 Swedish Parental Code reads: "Children are entitled to care, security and a good upbringing. Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment." As of 2021 , corporal punishment of children by parents (or other adults)

2071-446: A torture program begins, it usually escalates beyond what is intended initially and often leads to involved agencies losing effectiveness. Torture aims to break the victim's will , destroy their agency and personality , and is cited as one of the most damaging experiences that a person can undergo. Many victims suffer both physical damage— chronic pain is particularly common—and mental sequelae . Although torture survivors have some of

2180-488: A vicious cycle in which a fear of internal enemies leads to torture, torture creates false confessions , and false confessions reinforce torturers' fears, leading to a spiral of paranoia and ever-increasing torture"—similar to a witch hunt . Escalation of torture is especially difficult to contain in counterinsurgency operations. Torture and specific techniques spread between different countries, especially by soldiers returning home from overseas wars , although this process

2289-468: A whip which was applied to the back and shoulders, or 40 lashes or strokes with the " fasces " (similar to a birch rod, but consisting of 8–10 lengths of willow rather than birch) which were applied to the buttocks. Such punishments could draw blood, and they were frequently inflicted in public. Quintilian (c. 35 – c. 100) voiced some opposition to the use of corporal punishment. According to Wilson, "probably no more lucid indictment of it has been made in

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2398-475: Is prohibited under international law for all states under all circumstances and is explicitly forbidden by several treaties. Opposition to torture stimulated the formation of the human rights movement after World War II , and it continues to be an important human rights issue. Although prevention efforts have been of mixed effectiveness, institutional reforms and the elimination of enforced disappearance have had positive effects. Despite its decline, torture

2507-402: Is a peremptory norm ( jus cogens ) in international law , meaning that it is forbidden for all states under all circumstances. Most jurists justify the absolute legal prohibition on torture based on its violation of human dignity . The CAT and its Optional Protocol focus on the prevention of torture, which was already prohibited in international human rights law under other treaties such as

2616-484: Is agreed that these are fitting rather for slaves than for the free-born; for so they grow numb and shudder at their tasks, partly from the pain of the blows, partly from the degradation. In Medieval Europe , the Byzantine Empire blinded and removed the noses of some criminals and rival emperors. Their belief that the emperor should be physically ideal meant that such disfigurement notionally disqualified

2725-462: Is an important constraint on the use of torture by states. The condemnation of torture as barbaric and uncivilized originated in the debates around its abolition. By the late nineteenth century, countries began to be condemned internationally for the use of torture. The ban on torture became part of the civilizing mission justifying colonial rule on the pretext of ending torture, despite the use of torture by colonial rulers themselves. The condemnation

2834-527: Is disputed whether ratification of the CAT decreases, does not affect, or even increases the rate of torture in a country. In international humanitarian law , which regulates the conduct of war, torture was first outlawed by the 1863 Lieber Code . Torture was prosecuted during the Nuremberg trials as a crime against humanity ; it is recognized by both the 1949 Geneva Conventions and the 1998 Rome Statute of

2943-506: Is enabled by moral disengagement from the victims and impunity for the perpetrators. Public demand for decisive action against crime or even support for torture against criminals can facilitate its use. Once a torture program is begun, it is difficult or impossible to prevent it from escalating to more severe techniques and expanding to larger groups of victims, beyond what is originally intended or desired by decision-makers. Sociologist Christopher J. Einolf argues that "torture can create

3052-893: Is even more common in asymmetric war or civil wars. The ticking time bomb scenario is extremely rare, if not impossible, but is cited to justify torture for interrogation. Fictional portrayals of torture as an effective interrogational method have fueled misconceptions that justify the use of torture. Experiments comparing torture with other interrogation methods cannot be performed for ethical and practical reasons, but most scholars of torture are skeptical about its efficacy in obtaining accurate information, although torture sometimes has obtained actionable intelligence. Interrogational torture can often shade into confessional torture or simply into entertainment, and some torturers do not distinguish between interrogation and confession. A wide variety of techniques have been used for torture. Nevertheless, there are limited ways of inflicting pain while minimizing

3161-510: Is explicitly prohibited under the Geneva Conventions . Some authors, such as John D. Bessler , argue that capital punishment is inherently a form of torture carried out for punishment. Executions may be carried out in brutal ways, such as stoning , death by burning , or dismemberment. The psychological harm of capital punishment is sometimes considered a form of psychological torture. Others do not consider corporal punishment with

3270-404: Is hope, and let not thy soul spare for his crying. (Proverbs 19:18) Foolishness is bound in the heart of a child; but the rod of correction shall drive it from him. (Proverbs 22:15) Withhold not correction from the child; for if thou beatest him with a rod, thou shalt deliver his soul from hell. (Proverbs 23:13–14) (Note: it has been debated among scholars as to whether what is encouraged here

3379-416: Is inflicted on adults, it may be inflicted on prisoners and slaves , and can involve methods such as whipping with a belt or a horsewhip . Physical punishments for crimes or injuries, including floggings , brandings and even mutilations , were practised in most civilizations since ancient times. They have increasingly been viewed as inhumane since the development of humanitarianism ideals after

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3488-585: Is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non- scarring or psychological methods to maintain deniability. Torturers more commonly act out of fear , or due to limited resources, rather than sadism . Although most torturers are thought to learn about torture techniques informally and rarely receive explicit orders, they are enabled by organizations that facilitate and encourage their behavior. Once

3597-403: Is known about the perpetrators of torture. Many torturers see their actions as serving a higher political or ideological goal that justifies torture as a legitimate means of protecting the state. Fear is often the motivation for torture, and it is typically not a rational response as it is usually ineffective or even counterproductive at achieving the desired aim. Torture victims are often viewed by

3706-440: Is known. Torture proliferates in situations of incommunicado detention . Because the risk of torture is highest directly after an arrest, procedural safeguards such as immediate access to a lawyer and notifying relatives of an arrest are the most effective ways of prevention. Visits by independent monitoring bodies to detention sites can also help reduce torture. Legal changes that are not implemented in practice have little effect on

3815-402: Is legal, but restricted (e.g. blows to the head are outlawed, implements may not be used, only children within a certain age range may be spanked). In all states of the United States and most African and Asian nations, corporal punishment by parents is legal. It is also legal to use certain implements (e.g. a belt or a paddle). In Canada, spanking by parents or legal guardians (but nobody else)

3924-479: Is legal, with certain restrictions: the child must be between the ages of 2–12, and no implement other than an open, bare hand may be used (belts, paddles, etc. are prohibited). It is also illegal to strike the head when disciplining a child. In the UK (except Scotland and Wales), spanking or smacking is legal, but it must not cause an injury amounting to actual bodily harm (any injury such as visible bruising, breaking of

4033-765: Is more common than torture in places of detention. There is even less information on the prevalence of torture before the twentieth century. Although it is often assumed that men suffer torture at a higher rate than women, there is a lack of evidence. Some quantitative research has estimated that torture rates are either stagnant or increasing over time, but this may be a measurement effect. Although liberal democracies are less likely to abuse their citizens, they may practice torture against marginalized citizens and non-citizens to whom they are not democratically accountable. Voters may support violence against out-groups seen as threatening; majoritarian institutions are ineffective at preventing torture against minorities or foreigners. Torture

4142-419: Is more likely when a society feels threatened because of wars or crises, but studies have not found a consistent relationship between the use of torture and terrorist attacks. Torture is directed against certain segments of the population, who are denied the protection against torture given to others. Torture of political prisoners and torture during armed conflicts receive more attention compared to torture of

4251-538: Is never morally acceptable; others propose exceptions to the general rule in real-life equivalents of the ticking time-bomb scenario. Torture stimulated the creation of the human rights movement . In 1969, the Greek case was the first time that an international body—the European Commission on Human Rights —found that a state practiced torture and it, along with Ireland v. United Kingdom , formed much of

4360-434: Is often assumed that torture is ordered from above at the highest levels of government, sociologist Jonathan Luke Austin argues that government authorization is a necessary but not sufficient condition for torture to occur, given that a specific order to torture rarely can be identified. In many cases, a combination of dispositional and situational effects lead a person to become a torturer. In most cases of systematic torture,

4469-548: Is outlawed altogether in 63 nations (including the partially recognized Republic of Kosovo) and 3 constituent nations. For a more detailed overview of the global use and prohibition of the corporal punishment of children, see the following table. Domestic corporal punishment (i.e. the punishment of children by their parents) is often referred to colloquially as " spanking ", "smacking", or "slapping". It has been outlawed in an increasing number of countries, starting with Sweden in 1979. In some other countries, corporal punishment

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4578-512: Is perceived among parents and students in India. Medical professionals have urged putting an end to the practice, noting the danger of injury to children's hands especially. Around 33 countries in the world still retain judicial corporal punishment, including a number of former British territories such as Botswana, Malaysia, Singapore and Tanzania. In Singapore, for certain specified offences, males are routinely sentenced to caning in addition to

4687-404: Is poorly understood. Torture for punishment dates back to antiquity and is still employed in the twenty-first century. A common practice in countries with dysfunctional justice systems or overcrowded prisons is for police to apprehend suspects, torture them, and release them without a charge. Such torture could be performed in a police station, the victim's home, or a public place. In South Africa,

4796-549: Is still allowed in schools, there may be restrictions; for example, school caning in Singapore and Malaysia is, in theory, permitted for boys only. In India and many other countries, corporal punishment has technically been abolished by law. However, corporal punishment continues to be practised on boys and girls in many schools around the world. Cultural perceptions of corporal punishment have rarely been studied and researched. One study carried out discusses how corporal punishment

4905-495: Is still practiced in or by most countries. Torture is defined as the deliberate infliction of severe pain or suffering on someone under the control of the perpetrator. The treatment must be inflicted for a specific purpose, such as punishment and forcing the victim to confess or provide information. The definition put forth by the United Nations Convention against Torture only considers torture carried out by

5014-522: Is systematic. Political scientist Darius Rejali criticizes torture prevention research for not figuring out "what to do when people are bad; institutions broken, understaffed, and corrupt; and habitual serial violence is routine". Corporal punishment A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors , especially in home and school settings, its methods may include spanking or paddling . When it

5123-455: Is the corporeal punishment of a "child" or a "young man". The word translated "child" in most cases in the Bible refers to a young man rather than a child.) Robert McCole Wilson argues that, "Probably this attitude comes, at least in part, from the desire in the patriarchal society for the elder to maintain his authority, where that authority was the main agent for social stability. But these are

5232-525: The Enlightenment , especially in the Western world . By the late 20th century, corporal punishment was eliminated from the legal systems of most developed countries . The legality of corporal punishment in various settings differs by jurisdiction. Internationally, the late twentieth and early twenty-first centuries saw the application of human rights law to the question of corporal punishment in

5341-515: The International Covenant on Civil and Political Rights . The CAT specifies that torture must be a criminal offense under a country's laws, evidence obtained under torture may not be admitted in court, and deporting a person to another country where they are likely to face torture is forbidden . Even when it is illegal under national law, judges in many countries continue to admit evidence obtained under torture or ill treatment. It

5450-557: The International Criminal Court as a war crime . According to the Rome Statute, torture can also be a crime against humanity if committed as part of a systematic attack on a civilian population. In 1987 , Israel became the only country in the world to purportedly legalize torture . Torture prevention is complicated both by lack of understanding about why torture occurs and by lack of application of what

5559-528: The Istanbul Protocol , most physical examinations are inconclusive. The effects of torture are one of several factors that usually result in inconsistent testimony from survivors, hampering their effort to be believed and secure either refugee status in a foreign country or criminal prosecution of the perpetrators. Although there is less research on the effects of torture on perpetrators, they can experience moral injury or trauma symptoms similar to

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5668-794: The United Nations Convention Against Torture , including "the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish." The Convention is one of a series of OAS agreements that seek to protect human rights , within the framework of the American Convention on Human Rights , which bans torture in less detail. The Convention also requires states to take effective measures to prevent torture within their borders, and creates an ability to extradite persons accused of torture. Before

5777-598: The Western world developed in the 20th century, but the issue of corporal punishment was not addressed generally before mid-century. Years with particular significance to the prohibition of corporal punishment of children are emphasised. Corporal punishment of minors in the United States 67 countries, most of them in Europe and Latin America , have prohibited any corporal punishment of children. The earliest recorded attempt to prohibit corporal punishment of children by

5886-433: The Western world , the corporal punishment of children has traditionally been used by adults in authority roles. Beating one's son as a form of punishment is even recommended in the book of Proverbs : He that spareth the rod, hateth his son; but he that loveth him, chasteneth him betimes. (Proverbs 13:24) A fool's lips enter into contention, and his mouth calleth for strokes. (Proverbs 18:6) Chasten thy son while there

5995-547: The 24 Articles of the Inter-American Convention to Prevent and Punish Torture are listed, the American States signatories are to state their awareness of the purpose of the convention, affirming that the convention is actually necessary, and concur that torture or cruel and inhuman treatment of any kind is inherently wrong and an act against human rights. This serves as a springboard for the rest of

6104-810: The American Convention on Human Rights, has a small section within its chapters skimming over the issue of torture. The American Convention on Human Rights was adopted at the Inter-American Specialized Conference on Human Rights in Costa Rica on November 22, 1969. Within Article Five of its second chapter on civil and political rights the convention states that no person shall be tortured and that people deprived of their liberty, such as those who are imprisoned, shall not be subject to such treatment either. Like

6213-737: The Torture Conventions Article Five which ensures that a State creates conditions that prevents an individual from undergoing torture and punishes those who initiate or instigate such activities. On December 18, 2002, the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment was adopted and sponsored by the United Nations. An optional protocol adds to or elaborates upon

6322-532: The UK government stated there were no plans to change the law on smacking in England and said it would observe the impact of legal amendments in Scotland and Wales. Corporal punishment in schools has been outlawed in many countries. It often involves striking the student on the buttocks or the palm of the hand with an implement (e.g. a rattan cane or a spanking paddle ). In countries where corporal punishment

6431-777: The UK, the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her "within the bounds of duty" was similarly removed in 1891. See Domestic violence for more information. In the United Kingdom, the use of judicial corporal punishment declined during the first half of the twentieth century and it was abolished altogether in the Criminal Justice Act, 1948 (zi & z2 GEo. 6. CH. 58.) , whereby whipping and flogging were outlawed except for use in very serious internal prison discipline cases, while most other European countries had abolished it earlier. Meanwhile, in many schools,

6540-513: The United Kingdom and Portugal also used torture in attempts to retain their respective empires. Independent states in Africa, the Middle East, and Asia often used torture in the twentieth century, but it is unknown whether their use of torture increased or decreased compared to nineteenth-century levels. During the first half of the twentieth century, torture became more prevalent in Europe with

6649-790: The West, but torture was still used there, against ethnic minorities or criminal suspects from marginalized classes, and during overseas wars against foreign populations. After the September 11 attacks , the US government embarked on an overseas torture program as part of its war on terror . It is disputed whether torture increases, decreases, or remains constant. Most countries practice torture, although few acknowledge it. The international prohibition of torture has not completely stopped torture; instead, states have changed which techniques are used and denied, covered up, or outsourced torture programs. Measuring

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6758-399: The abolition of judicial torture, it sees continued use to elicit confessions, especially in judicial systems placing a high value on confessions in criminal matters. The use of torture to force suspects to confess is facilitated by laws allowing extensive pre-trial detention . Research has found that coercive interrogation is slightly more effective than cognitive interviewing for extracting

6867-542: The advent of secret police , World War I and World War II , and the rise of communist and fascist states. Torture was also used by both communist and anti-communist governments during the Cold War in Latin America, with an estimated 100,000 to 150,000 victims of torture by United States–backed regimes. The only countries in which torture was rare during the twentieth century were the liberal democracies of

6976-603: The basis for the definition of torture in international law. In the early 1970s, Amnesty International launched a global campaign against torture, exposing its widespread use despite international prohibition and eventually leading to the United Nations Convention against Torture (CAT) in 1984. Successful civil society mobilizations against torture can prevent its use by governments that possess both motive and opportunity to use torture. Naming and shaming campaigns against torture have shown mixed results; they can be ineffective and even make things worse. The prohibition of torture

7085-456: The child would not cause harm to others' property. Researchers who have lived among the Parakanã and Ju/'hoansi people, as well as some Aboriginal Australians , have written about the absence of the physical punishment of children in those cultures. Wilson writes: Probably the only generalization that can be made about the use of physical punishment among primitive tribes is that there

7194-489: The convention, proving that all signatory states are in agreement about the main purpose of the Convention. The Commission has also stated multiple times that it is a signatory state's duty to prevent incommunicado detention, and to strive to be aware and knowledgeable of what happens to its prisoners and those stripped of their liberties to ensure that they are not tortured. Failure to do so would be an infringement against

7303-475: The crime, and only allowing torture if there was already some evidence against the accused. In some countries, political opponents are tortured to force them to confess publicly as a form of state propaganda . The use of torture to obtain information during interrogation accounts for a small percentage of worldwide torture cases; its use for obtaining confessions or intimidation is more common. Although interrogational torture has been used in conventional wars , it

7412-427: The end of the month because of performance quotas. The contribution of bureaucracy to torture is under-researched and poorly understood. Torturers rely on both active supporters and those who ignore it. Military, intelligence, psychology, medical, and legal professionals can all be complicit in torture. Incentives can favor the use of torture on an institutional or individual level, and some perpetrators are motivated by

7521-402: The highest rates of post-traumatic stress disorder , many are psychologically resilient. Torture has been carried out since ancient times. However, in the eighteenth and nineteenth centuries, many Western countries abolished the official use of torture in the judicial system , although it continued to be used throughout the world. Public opinion research shows general opposition to torture. It

7630-627: The incidence of torture. Legal changes can be particularly ineffective in places where the law has limited legitimacy or is routinely ignored. Sociologically torture operates as a subculture , frustrating prevention efforts because torturers can find a way around rules. Safeguards against torture in detention can be evaded by beating suspects during round-ups or on the way to the police station. General training of police to improve their ability to investigate crime has been more effective at reducing torture than specific training focused on human rights. Institutional police reforms have been effective when abuse

7739-507: The infliction of corporal punishment in government institutions such as schools, prisons and reformatories. By the First World War, parents' complaints about disciplinary excesses in England had died down, and corporal punishment was established as an expected form of school discipline. In the 1870s, courts in the United States overruled the common-law principle that a husband had the right to "physically chastise an errant wife". In

7848-469: The latter group, increased religiosity increases opposition to torture. The personality traits of right-wing authoritarianism , social dominance orientation , and retributivism are correlated with higher support for torture; embrace of democratic values such as liberty and equality reduces support for torture. Public opinion is most favorable to torture, on average, in countries with low per capita income and high levels of state repression . Public opinion

7957-624: The link between specific torture methods and health consequences is lacking. These consequences can include peripheral neuropathy , damage to teeth, rhabdomyolysis from extensive muscle damage, traumatic brain injury , sexually transmitted infection , and pregnancy from rape . Chronic pain and pain-related disability are commonly reported, but there is scant research into this effect or possible treatments. Common psychological problems affecting survivors include traumatic stress , anxiety , depression, and sleep disturbance . An average of 40 percent have long-term post-traumatic stress disorder (PTSD),

8066-616: The more severe form of violence. Corporal punishment is associated with physical injury and abuse, it erodes parent-child relationships, reduces cognitive abilities and IQ scores, leads to mental health problems including depression and anxiety, and it increases adult aggression and anti-social behaviors. Inter-American Convention to Prevent and Punish Torture The Inter-American Convention entered into force on February 28, 1987, and, as of 2013, 18 nations are party to it, with another two having signed but not yet ratified. The Inter-American Convention defines torture more expansively than

8175-672: The most common form of physical torture reported by about two-thirds of survivors. They may be either unsystematic or focused on a specific part of the body, as in falanga (the soles of the feet ), repeated strikes against both ears, or shaking the detainee so that their head moves back and forth. Often, people are suspended in painful positions such as strappado or upside-down hanging in combination with beatings. People may also be subjected to stabbings or puncture wounds , have their nails removed , or body parts amputated . Burns are also common, especially cigarette burns , but other instruments are also employed, including hot metal, hot fluids,

8284-823: The necessary infrastructure for a torture program and instead intimidate by killing. Research has found that state torture can extend the lifespan of terrorist organizations, increase incentives for insurgents to use violence, and radicalize the opposition. Another form of torture for deterrence is violence against migrants, as has been reported during pushbacks on the European Union's external borders. Torture has been used throughout history to extract confessions from detainees. In 1764, Italian reformer Cesare Beccaria denounced torture as "a sure way to acquit robust scoundrels and to condemn weak but innocent people". Similar doubts about torture's effectiveness had been voiced for centuries previously, including by Aristotle . Despite

8393-560: The perpetrators as severe threats and enemies of the state . Studies of perpetrators do not support the common assumption that they are psychologically pathological. Most perpetrators do not volunteer to be torturers; many have an innate reluctance to employ violence, and rely on coping mechanisms , such as alcohol or drugs. Psychiatrist Pau Pérez-Sales finds that torturers act from a variety of motives such as ideological commitment, personal gain, group belonging, avoiding punishment, or avoiding guilt from previous acts of torture. Although it

8502-441: The police have been observed handing suspects over to vigilantes to be tortured. This type of extrajudicial violence is often carried out in public to deter others. It discriminatorily targets minorities and marginalized groups and may be supported by the public, especially if people do not trust the official justice system. The classification of judicial corporal punishment as torture is internationally controversial, although it

8611-417: The poor , through laws targeting homelessness , sex work , or working in the informal economy , can lead to violent and arbitrary policing. Routine violence against poor and marginalized people is often not seen as torture, and its perpetrators justify the violence as a legitimate policing tactic; victims lack the resources or standing to seek redress. Since most research has focused on torture victims, less

8720-493: The poor or criminal suspects. Most victims of torture are suspected of crimes; a disproportionate number of victims are from poor or marginalized communities. Groups especially vulnerable to torture include unemployed young men, the urban poor , LGBT people , refugees and migrants, ethnic and racial minorities, indigenous people , and people with disabilities . Relative poverty and the resulting inequality in particular leave poor people vulnerable to torture. Criminalization of

8829-409: The prospect of career advancement. Bureaucracy can diffuse responsibility for torture and help perpetrators excuse their actions. Maintaining secrecy is often essential to maintaining a torture program, which can be accomplished in ways ranging from direct censorship, denial, or mislabeling torture as something else, to offshoring abuses to outside a state's territory. Along with official denials, torture

8938-671: The rate at which torture occurs is difficult because it is typically committed in secrecy, and abuses are likelier to come to light in open societies where there is a commitment to protecting human rights. Many torture survivors, especially those from poor or marginalized populations, are unwilling to report. Monitoring has focused on police stations and prisons, although torture can also occur in other facilities such as immigration detention and youth detention centers . Torture that occurs outside of custody—including extrajudicial punishment, intimidation, and crowd control —has traditionally not been counted, even though some studies have suggested it

9047-572: The recipient from office. (The second reign of Justinian the Slit-nosed was the notable exception.) Elsewhere, corporal punishment was encouraged by the attitudes of the Catholic church towards the human body, flagellation being a common means of self-discipline. This had an influence on the use of corporal punishment in schools, as educational establishments were closely attached to the church during this period. Nevertheless, corporal punishment

9156-475: The rise of Enlightenment ideas about the value of the human person, the lowering of the standard of proof in criminal cases, popular views that no longer saw pain as morally redemptive, and the expansion of imprisonment as an alternative to executions or painful punishments. It is not known if torture also declined in non-Western states or European colonies during the nineteenth century. In China, judicial torture, which had been practiced for more than two millennia,

9265-454: The risk of death. Survivors report that the exact method used is not significant. Most forms of torture include both physical and psychological elements and multiple methods are typically used on one person. Different methods of torture are popular in different countries. Low-tech methods are more commonly used than high-tech ones, and attempts to develop scientifically validated torture technology have failed. The prohibition of torture motivated

9374-413: The state. Most legal systems include agents acting on behalf of the state, and some definitions add non-state armed groups , organized crime , or private individuals working in state-monitored facilities ( such as hospitals ). The most expansive definitions encompass anyone as a potential perpetrator. Although torture is usually classified as more severe than cruel, inhuman, or degrading treatment (CIDT),

9483-441: The succeeding two thousand years". By that boys should suffer corporal punishment, though it is received by custom, and Chrysippus makes no objection to it, I by no means approve; first, because it is a disgrace, and a punishment fit for slaves, and in reality (as will be evident if you imagine the age change) an affront; secondly, because, if a boy's disposition be so abject as not to be amended by reproof, he will be hardened, like

9592-442: The sun, or acid . Forced ingestion of water , food , or other substances, or injections are also used as torture. Electric shocks are often used to torture, especially to avoid other methods that are more likely to leave scars. Asphyxiation , of which waterboarding is a form, inflicts torture on the victim by cutting off their air supply. Psychological torture includes methods that involve no physical element as well as forcing

9701-417: The term "corporal punishment" has since the 19th century usually meant caning , flagellation or bastinado rather than those other types of physical penalty. In some countries, foot whipping ( bastinado ) is still practised on prisoners. According to a study headed by Harvard researchers, corporal punishment like spanking could affect the brain development of children. These effects are similar to

9810-536: The threshold at which treatment can be classified as torture is the most controversial aspect of its definition; the interpretation of torture has broadened over time. Another approach, preferred by scholars such as Manfred Nowak and Malcolm Evans , distinguishes torture from CIDT by considering only the torturer's purpose, and not the severity. Other definitions, such as that in the Inter-American Convention to Prevent and Punish Torture , focus on

9919-534: The torturer's aim "to obliterate the personality of the victim". Torture was legally and morally acceptable in most ancient, medieval, and early modern societies. There is archaeological evidence of torture in Early Neolithic Europe, about 7,000 years ago. Torture is commonly mentioned in historical sources on Assyria and Achaemenid Persia . Societies used torture both as part of the judicial process and as punishment, although some historians make

10028-570: The torturers were desensitized to violence by being exposed to physical or psychological abuse during training which can be a deliberate tactic to create torturers. Even when not explicitly ordered by the government to torture, perpetrators may feel peer pressure due to competitive masculinity. Elite and specialized police units are especially prone to torturing, perhaps because of their tight-knit nature and insulation from oversight. Although some torturers are formally trained, most are thought to learn about torture techniques informally. Torture can be

10137-443: The treaty it is associated with.  Unlike the Inter-American Convention to Prevent and Punish Torture, this protocol issued that places where people are stripped of their liberties be visited by other independent international and national bodies. This would ultimately address the countries in violation of the Convention to work toward a consensus regarding said issue. The Organization of American States' (O.A.S.) main convention,

10246-525: The use of the cane, paddle or tawse remained commonplace in the UK and the United States until the 1980s. In rural areas of the Southern United States, and in several other countries, it still is: see School corporal punishment . Key developments related to corporal punishment occurred in the late 20th century. Years with particular significance to the prohibition of corporal punishment are emphasised. The notion of children's rights in

10355-406: The victim and in some cultures, humiliate their family and society. Cultural and individual differences affect how the victim perceives different torture methods. Torture is one of the most devastating experiences that a person can undergo. Torture aims to break the victim's will and destroy the victim's agency and personality. Torture survivor Jean Améry argued that it was "the most horrible event

10464-423: The victim's religious or national identity), and the use of animals such as dogs to frighten or injure a prisoner. Positional torture works by forcing the person to adopt a stance, putting their weight on a few muscles, causing pain without leaving marks, for example standing or squatting for extended periods. Rape and sexual assault are universal torture methods and frequently instill a permanent sense of shame in

10573-613: The victims , especially when they feel guilty about their actions. Torture has corrupting effects on the institutions and societies that perpetrate it. Torturers forget important investigative skills because torture can be an easier way than time-consuming police work to achieve high conviction rates, encouraging the continued and increased use of torture. Public disapproval of torture can harm the international reputation of countries that use it, strengthen and radicalize violent opposition to those states, and encourage adversaries to themselves use torture. Studies have found that most people around

10682-703: The whole skin, etc.). In addition, in Scotland, since October 2003, it has been illegal to use any implements or to strike the head when disciplining a child, and it is also prohibited to use corporal punishment towards children under the age of 3 years. In 2019, Scotland enacted a ban on corporal punishment, which went into effect in 2020. Wales also enacted a ban in 2020, which has gone into effect in 2022. In Pakistan, Section 89 of Pakistan Penal Code allows corporal punishment. In 2024, children's doctors urged ministers to ban smacking children in England and Northern Ireland as their report warned that children suffer physically and mentally after being hit in their home. However,

10791-471: The words that not only justified the use of physical punishment on children for over a thousand years in Christian communities, but ordered it to be used. The words were accepted with but few exceptions; it is only in the last two hundred years that there has been a growing body of opinion that differed. Curiously, the gentleness of Christ towards children (Mark, X) was usually ignored". Corporal punishment

10900-428: The world oppose the use of torture in general. Some hold definite views on torture; for others, torture's acceptability depends on the victim. Support for torture in specific cases is correlated with the belief that torture is effective and used in ticking time bomb cases. Women are more likely to oppose torture than men. Nonreligious people are less likely to support the use of torture than religious people , although for

11009-445: The worst of slaves, even to stripes; and lastly, because, if one who regularly exacts his tasks be with him, there will not be the need of any chastisement (Quintilian, Institutes of Oratory, 1856 edition, I, III). Plutarch , also in the first century, writes: This also I assert, that children ought to be led to honourable practices by means of encouragement and reasoning, and most certainly not by blows or ill-treatment, for it surely

11118-547: Was banned in 1905 along with flogging and lingchi ( dismemberment ) as a means of execution, although torture in China continued throughout the twentieth and twenty-first centuries. Torture was widely used by colonial powers to subdue resistance and reached a peak during the anti-colonial wars in the twentieth century. An estimated 300,000 people were tortured during the Algerian War of Independence (1954–1962), and

11227-465: Was carried out in secret, it could not be an effective deterrent. In the twentieth century, well-known examples include the Khmer Rouge and anti-communist regimes in Latin America, who tortured and murdered their victims as part of forced disappearance . Authoritarian regimes often resort to indiscriminate repression because they cannot accurately identify potential opponents. Many insurgencies lack

11336-531: Was encouraged by two significant cases, the death of Private Frederick John White , who died after a military flogging in 1846, and the death of Reginald Cancellor , killed by his schoolmaster in 1860. Events such as these mobilised public opinion and, by the late nineteenth century, the extent of corporal punishment's use in state schools was unpopular with many parents in England. Authorities in Britain and some other countries introduced more detailed rules for

11445-494: Was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783, the first country in the world to do so. A consequence of this mode of thinking was a reduction in the use of corporal punishment in the 19th century in Europe and North America. In some countries this was encouraged by scandals involving individuals seriously hurt during acts of corporal punishment. For instance, in Britain, popular opposition to punishment

11554-416: Was no common procedure [...] Pettit concludes that among primitive societies corporal punishment is rare, not because of the innate kindliness of these people but because it is contrary to developing the type of individual personality they set up as their ideal [...] An important point to be made here is that we cannot state that physical punishment as a motivational or corrective device is 'innate' to man. In

11663-404: Was not used uncritically; as early as the 11th century Saint Anselm , Archbishop of Canterbury was speaking out against what he saw as the excessive use of corporal punishment in the treatment of children. From the 16th century onwards, new trends were seen in corporal punishment. Judicial punishments were increasingly turned into public spectacles, with public beatings of criminals intended as

11772-545: Was practised in Egypt , China , Greece , and Rome in order to maintain judicial and educational discipline. Disfigured Egyptian criminals were exiled to Tjaru and Rhinocorura on the Sinai border, a region whose name meant " cut-off noses ." Corporal punishment was prescribed in ancient Israel, but it was limited to 40 lashes. In China, some criminals were also disfigured but other criminals were tattooed. Some states gained

11881-508: Was strengthened during the twentieth century in reaction to the use of torture by Nazi Germany and the Soviet Union . Shocked by Nazi atrocities during World War II, the United Nations drew up the 1948 Universal Declaration of Human Rights , which prohibited torture. Torture is criticized based on all major ethical frameworks, including deontology , consequentialism , and virtue ethics . Some contemporary philosophers argue that torture

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