ABSTRACT

Children are rarely perceived as victims of torture, although, ironically, they may be easier targets, not only because of their vulnerability, but also because of the effect on the local community. The majority of international and regional human rights treaties prohibit not only torture but also cruel, inhuman and degrading treatment and punishment. When considering the effects of torture, or cruel, inhuman and degrading treatment and punishment, international human rights lawyers rarely explore fully the importance of the development of the child. Cognitive development is of particular importance when attempting to understand young children’s reactions not so much to torture and inhumanity but to cruel and degrading treatment and punishment. The traditional view of international law is that states can only be held responsible for actions which occur in the public domain when proven to have been committed by state officials.