Date: April 2008

Inter-American Commission on Human Rights adopts resolution against corporal punishment of all persons deprived of their liberty

The Inter-American Commission on Human Rights has adopted a new resolution which states that all persons deprived of their liberty – for whatever reason – have the right to protection from corporal punishment and the right to complain if they do experience corporal punishment. The resolution was approved unanimously by the Commission.

Resolution 1/08 “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas” states in Principle I (“Humane Treatment”) that all persons deprived of their liberty:

“... shall be protected from any kind of threats and acts of torture, execution, forced disappearance, cruel, inhuman, or degrading treatment or punishment, sexual violence, corporal punishment, collective punishment, forced intervention or coercive treatment, from any method intended to obliterate their personality or to diminish their physical or mental capacities.”

The definition of “deprivation of liberty” is wide-ranging. The “General Provision” states that it means:

“Any form of detention, imprisonment, institutionalization, or custody of a person in a public or private institution which that person is not permitted to leave at will, by order of or under de facto control of a judicial, administrative or any other authority, for reasons of humanitarian assistance, treatment, guardianship, protection, or because of crimes or legal offenses. This category of persons includes not only those deprived of their liberty because of crimes or infringements or non compliance with the law, whether they are accused or convicted, but also those persons who are under the custody and supervision of certain institutions, such as: psychiatric hospitals and other establishments for persons with physical, mental, or sensory disabilities; institutions for children and the elderly; centers for migrants, refugees, asylum or refugee status seekers, stateless and undocumented persons; and any other similar institution the purpose of which is to deprive persons of their liberty.”

The resolution is intended to inform the process of drafting an Inter-American declaration on the rights, duties and care of persons under any form of detention or imprisonment.

Download the full text of the resolution.

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