{"content":{"sharePage":{"page":0,"digests":[{"id":"40628963","dateCreated":"1309625213","smartDate":"Jul 2, 2011","userCreated":{"username":"martinbohnstedt","url":"https:\/\/www.wikispaces.com\/user\/view\/martinbohnstedt","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/40628963"},"dateDigested":1532174773,"startDate":null,"sharedType":"discussion","title":"Expanding definition","description":"I would add to the condensed definition that the qualification, on the one hand, does not depend on the victim\u2019s perception or sensitivities (too subjective), but does, on the other hand, take into account objective characteristics of the victim (age, sex, health).
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\nThe treatment or punishment must also be unjustifiable, otherwise some medical procedures or rescue cases might fall under the definition...!
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\nI would expand the condensed definition of \u201cpunishment\u201d (what we have at present are mere examples) and make it more generic: any punishment that is above the level of humiliation that is inherent in any punishment; excessive punishment; extremely unsatisfactory prison conditions.
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\nThe condensed definition makes clear that what counts if the effect of the treatment, not the intention of the person who acts. I think that is good and correct (which is why I have slight problems with the \u201cpurpose\u201d element in the torture definition).
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\nComprehensive definition: Ill-treatment in detention: Perhaps include a note that this violation can also apply to other persons who are deprived of their liberty in an institution (patients, pupils).
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\nBetween footnotes 10 and 17 we have a whole shopping list of overlaps. How about adding discrimination (racial\/sexual) as a possible form of degrading treatment (case law: East African Asians case)?","replyPages":[{"page":0,"digests":[],"more":0}]}],"more":false},"comments":[]},"http":{"code":200,"status":"OK"},"redirectUrl":null,"javascript":null,"notices":{"warning":[],"error":[],"info":[],"success":[]}}