OPCAT, avagy küzdelem a kínzás ellen

Absztrakt

The essay seeks the relation between two basic human rights that are both internationally and nationally admired; namely, the connection between the right to human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. However, the major aim is to introduce a new, innovative mechanism in the Hungarian legal system in frame of the prohibition of torture.

When examining the prohibition and fight against torture, it is essential to analyse the meaning of human dignity. The very reason for this is that such an inviolable right cannot be violated at any circumstances. Moreover, when a person breaks the rule of no torture, or uses any other form of ill-treatment against another, not only does he or she violate that other person’s right to human dignity but at the same time he or she suddenly forgets to live with the opportunity of a human being’s ability to choose by their own will. This topic is further analysed in the essay, mainly in connection with fulfilling orders and not taking one’s own course.

Hungary ratified the Optional Protocol to the United Nations Convention Against Torture and soon, in January 2015, the National Preventive Mechanism began to function in the Ombudsman’s Office. Due to the fact that the Hungarian OPCAT Office is not fulfilling its mandate yet, the essay concentrates on answering questions that might occur in theory and in practice. Will the Office be able to fulfil its duties laid down by the Optional Protocol? International good practices and possible ideas might help to find the answer.