Motivele absolutizării interzicerii torturii și tratamentelor inumane, crude sau degradante
Reasons for the absolutisation of the prohibition of torture and inhuman, cruel or degrading treatment

Summary/Abstract: The objective of this study is to explain the reasons for the absolutisation of the prohibition of torture and inhuman, cruel or degrading treatment. The study attempts to prove that the use of torture is absolutely forbidden because it destroys the very bond ensuring the establishment of a liberal society, that the use of inhuman treatment destroys the just character of this type of society, that degrading treatments undermine it from within, transforming it in a vicious circle, and that resorting to cruel ones destroys its civilized character, makes it go back to barbarism. The study highlights the dangers of hierarchizing the object of prohibitions, proposing that torture and absolutely prohibited treatments be understood as a unitary concept, which must no longer be configured starting from the intensity of the pain felt by the subject, but must be defined according to its effect on the liberal society organized in the form of the rule of law.

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