Implementing the prohibition of torture: the contribution and limits of national legislation and jurisprudence

Abstract

Legislative reforms and litigation frequently form the focus of strategic interventions by lawyers and civil society. This is reflected in the recent proliferation of anti-torture bills/laws and evolving jurisprudence on the prohibition of torture. The article examines these developments and demonstrates the contribution that these approaches and interventions can make in strengthening the normative framework and promoting accountability and justice. However, the very focus on legal interventions, with its underlying faith in the law and legal systems, may fail to tackle structural factors perpetuating violations and impunity, such as inequalities, discrimination and weak or corrupted institutions. Approaches relying predominantly on legal tools must therefore be mindful of their inherent limitations and consider what complementary strategies are likely to make the prohibition of torture more effective.