ABSTRACT

This chapter explores the possibility that at least some violations of economic, social and cultural rights in respect of children are capable of amounting at the same time to a violation of the international prohibition of torture, inhuman and degrading treatment or punishment. It considers the circumstances in which such an approach might be tenable as regards the economic, social and cultural rights of children, the obstacles that are likely to be encountered when pursuing it and the benefits that might be derived from its adoption. If violations of economic, social and cultural rights are, therefore, to be seen as torture and inhuman and degrading treatment, it will be important to abandon the traditional way of viewing them as situations and turn them into individual cases. The longstanding association of torture and allied violations is with the law enforcement agencies whereas quite different bodies are likely to be involved in complaints relating to economic, social and cultural rights.