25 94. The right to personal integrity is of such importance that the American Convention establishes specific protection for it by establishing, inter alia, the prohibition of torture, cruel, inhuman or degrading treatment, and the impossibility that these be suspended during a state of emergency.92 95. The Inter-American Court has stated that the absolute prohibition of torture, both physical and psychological, today belongs to the International dominion of jus cogens and that this prohibition subsists even in the most difficult circumstances, such as war, threats of war, the battle against terrorism and any other crime, stages of siege or emergency, uproar or internal conflict, suspension of constitutional guarantees, political instability, or other emergencies or public calamities.93 The same court has indicated that universal and regional treaties enshrine this prohibition and the nonderogable right not to be tortured. Similarly, new international instruments contain this right and repeat the same prohibition, even under international humanitarian law.94 96. The Court has similarly established that “[the] infringement of the right to physical and psychological integrity of the human person is a type of violation which has a varying connotation and which encompasses torture and other types of mistreatment or cruel, inhuman, or degrading treatment whose physical and psychological consequences may have different degrees of intensity according to the extrinsic and intrinsic factors which should be proved in each specific situation.”95 That is to say, the personal characteristics of an alleged victim when people are submitted to certain treatments. 97. With regard to the scope of the State’s obligations and its responsibility, the UN Committee Against Torture has indicated that [E]ach State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, for example, in prisons, hospitals, schools, institutions that engage in the care 92 I/A Ct. H.R. Case of the Juvenile Reeducation Institute V. Paraguay. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of 2 September 2004. Series C No. 112, para. 157. 93 I/A Ct. H.R., Case of Bueno Alves. Judgment of 11 May 2007. Series C. No. 164, para. 76; I/A Ct. H.R., Case of the Miguel Castro Castro Prison. Judgment of 25 November 2006. Series C No. 160, para. 271 y I/A Ct. H.R., Case of Baldeón García. Judgment of 6 April 2006. Series C No. 147, para. 117. 94 I/A Ct. H.R., Case of Bueno Alves. Judgment of 11 May 2007. Series C. No. 164, para. 77, citing: International Covenant on Civil and Political Rights, Art. 7; Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Art. 2; Convention on the Rights of the Child, Art. 37, International Convention on the Protection of the Rights of Migrant Workers and their Families, Art. 10; Inter-American Convention to Prevent and Punish Torture, art. 2; African Charter on Human and Peoples’ Rights, Art. 5; African Charter on the Rights and Welfare of the Child, Art. 16; Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará), Art. 4, and European Convention for the Protection of Human Rights and Fundamental Liberties, Art. 3; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 6; Code of conduct for public officials with responsibility for executing the law, Art. 5; UN Rules for the Protection of Juveniles Deprived of Liberty, Rule 87(a); Declaration on the rights of individuals who are not nationals of the country in which they live, Art. 6; UN Standard Minimum Rules for the administration of juvenile justice (Beijing Rules), Rule 17.3; Declaration on the protection of women and children in emergency and armed conflict, Art. 4, and Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism, Guideline IV; and Common Article 3 of the Four Geneva Conventions; Convention relative to the Treatment of Prisoners of War (Third Convention), Arts. 49, 52, 87 y 89, 97; Convention relative to the Protection of Civilians in time of War (Fourth Convention), Arts. 40, 51, 95, 96, 100 y 119; Additional Protocol to the Geneva Conventions of August 12, 1949 related to the Protection of Victims from Armed International Conflicts (Protocol I), Art. 75.2.ii, y Additional Protocol to the Geneva Conventions of August 12, 1949 related to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Art. 4.2.a. 95 I/A Ct. H.R., Case of Ximenes López v. Brasil, Series C. No. 149, Judgment of 4 July 2006, para. 127; Case of Loayza Tamayo. Judgment of 17 September 1997. Series C No. 33, para. 57.

Seleccionar párrafo de destino3