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6.4.1. Introduction

  1. Section 10 states:

    10 Protection from torture and cruel, inhuman or degrading treatment

    A person must not be—

    (a) subjected to torture; or

    (b) treated or punished in a cruel, inhuman or degrading way; or

    (c) subjected to medical or scientific experimentation or treatment without his or her full, free and informed consent.

  2. The right in section 10 is a negative obligation, and comprises the prohibition of three distinct types of conduct:
  3. Although the s 10 right is expressed negatively, it may also give rise to certain positive obligations. For example, public authorities may be obliged to take steps to prevent deliberate acts of torture or other conduct prohibited by s 10 (Kracke v Mental Health Review Board (2009) 29 VAR 1; [2009] VCAT 646 [656]; Pounds and Evans, An Annotated Guide to the Victorian Charter of Human Rights and Responsibilities (Pyrmont, 2008) 1130).
  4. Section 10 is modelled on article 7 of the ICCPR (Charter of Human Rights and Responsibilities Bill 2006 Explanatory Memorandum, 10 - 11). A prohibition on torture and on inhuman or degrading treatment or punishment is also included under art 3 of the European Convention on Human Rights.

Last updated: 10 May 2016

See Also

6.4. Protection from torture and cruel, inhuman or degrading treatment (s 10)

6.4.2. Torture

6.4.3. Cruel, inhuman or degrading treatment or punishment

6.4.4. Medical or scientific experimentation or treatment