Country Foundations

Freedom from torture

Universal Declaration of Human Rights, article 5. In the US Constitution: 8th Amendment (cruel and unusual punishment).

Note on this measure. The US Constitution bans "cruel and unusual punishment" but never uses the word torture, so CCP codes torture=98 (not specified) and cruelty=1. We take the stronger of the two.

Constitutions declaring it
134 / 158
US declares it
100%
US practices it
77%

Does declaring it change anything?

Distribution of practiced scores, split by whether the constitution declares the right. If the two distributions look alike, the words on the page are not doing much work on their own.

Constitutions that declare it (134)
0100
Constitutions that are silent (22)
0100

Mean practiced score: 59% where declared, versus 63% where silent.

What the text actually says

Passages tagged with this topic, from the Constitute Project.

United States
Amendment VIII

Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

South Africa

Everyone has the right to freedom and security of the person, which includes the right- not to be tortured in any way; and

Everyone has the right to freedom and security of the person, which includes the right- not to be treated or punished in a cruel, inhuman or degrading way.

Country by country

CountryDeclaredPracticed
Afghanistan100%4%
Albania100%76%
Algeria100%41%
Angola100%46%
Argentina100%70%
Armenia100%66%
Azerbaijan100%24%
Bahrain100%39%
Bangladesh100%30%
Barbados100%77%
Belarus100%16%
Benin100%62%
Bhutan100%66%
Bolivia100%63%
Bosnia and Herzegovina100%71%
Botswana100%68%
Brazil100%65%
Bulgaria100%81%
Cambodia100%32%
Cameroon100%35%
Canada100%82%
Cape Verde100%81%
Central African Republic100%42%
Chad100%26%
Chile100%78%
Colombia100%66%
Comoros100%44%
Costa Rica100%90%
Croatia100%84%
Cuba100%26%
Cyprus100%81%
Democratic Republic of the Congo100%43%
Djibouti100%43%
Dominican Republic100%66%
Ecuador100%73%
Egypt100%25%
El Salvador100%33%
Eritrea100%23%
Estonia100%93%
Eswatini100%15%
Ethiopia100%39%
Fiji100%56%
Finland100%98%
Gabon100%63%
Georgia100%76%
Ghana100%77%
Greece100%72%
Guatemala100%62%
Guinea100%41%
Guinea-Bissau100%62%
Guyana100%69%
Haiti100%68%
Honduras100%65%
Hungary100%80%
Iceland100%100%
Indonesia100%60%
Iran100%25%
Iraq100%43%
Italy100%75%
Ivory Coast100%60%