The Problem

Until relatively recent history, torture was regarded as a necessary practice for legal or state control. Moves to abolish the use of torture began in the late 18th century and began to lay the groundwork for the principle that all humans have basic rights that must be respected by states. With the rise of international human rights norms, laws, institutions, and activism in the 20th century, the right to freedom from torture became regarded as one of the most fundamental human rights. Definitions of torture are now codified in national and transnational agreements, notably the United Nations Convention Against Torture (UNCAT). Some national legislation mirrors inclusive language found in the UNCAT definition, while other countries have more narrowly focused definitions of torture. According to UNCAT, torture is any act— outside of lawful sanctions—that intentionally inflicts severe physical or mental suffering, perpetrated by or with the acquiescence of someone in authority, to gain information, force a confession, punish, intimidate, coerce, or discriminate. Torture can be perpetrated by formal, state-based authorities, such as police or military, or by de facto authorities, such as armed groups controlling territory. Despite such definitions, identifying torture can be complex and ambiguous in practice, as legal definitions can be difficult to apply to complex social situations.

Furthermore, even when definitions are clear, moral ambiguity can remain. Despite near-universal condemnation of torture in principle, as a fundamental violation of human rights and dignity, throughout the 20th century, and now well into the 21st, democratic justifications for the use of torture have persisted. For example, as modern warfare becomes more asymmetric, even regimes with rights-respecting rhetoric at times justify the use of torture as necessary to protect national security. Other states may publicly adopt anti-torture agreements to gain international legitimacy and deflect attention from continued abuses. This complex history and current landscape illustrate how torture as a social problem is continually constructed and contested.

Despite efforts to curtail its use and hold perpetrators accountable, torture occurs with alarming regularity and remains a pressing contemporary global social problem. Specific instances and patterns of torture are documented by a range of human rights organizations, other civil society actors, as well as governmental or intergovernmental authorities.