Read The Times Australia

Daily Bulletin

Explainer: how flogging violates international law

  • Written by: The Conversation
imageA protest for flogging victim Raif Badawi.Amnesty Finland/Flickr, CC BY

Saudi Arabian authorities have upheld the sentence of 10 years' imprisonment and 1,000 lashes handed down to blogger Raif Badawi. While the court judgment to uphold the punishment of 1,000 lashes has received particular scrutiny, corporal punishment is still routinely used as an official part of criminal justice by many countries – and that’s a clear violation of international law.

Even though punishments such as flogging are routinely handed down by courts in Saudi Arabia and elsewhere, international human rights law heavily restricts the use of corporal punishment as a part of criminal justice.

The Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the Convention Against Torture all prohibit torture and “cruel, inhuman, or degrading treatment or punishment”. Various United Nations organs, including the UN High Commissioner for Human Rights) and the UN Human Rights Committee, have made it clear that flogging amounts at the very least to cruel and inhuman punishment.

Nonetheless, the use of flogging and other corporal punishments continues in many countries.

Bad company

While Saudi Arabia stands out as a particularly extreme user of corporal punishment, it is by no means alone in its continued use of physical abuse to sanction criminals.

In Afghanistan, a proposal to reform the criminal code was put forward in 2013 that would have reintroduced stoning, flogging and amputation. In Iran, a wide range crimes are punishable by flogging, including the consumption of alcohol, flouting of public morals and the mixing of sexes in certain public areas. In certain circumstances, flogging is also used to maximise the suffering of those criminals sentenced to death.

Similarly, in Saudi Arabia, flogging is not limited as a punishment merely for the crime of “insulting Islam” (as in Badawi’s case); it’s also used as a punishment for sexual deviance (which can simply mean being suspected of being homosexual) or for the crime of adultery. In some cases, women have been convicted and flogged for adultery despite claiming to have been raped, having been deemed adulterers because they were unable to prove who their rapists were.

Other methods continue to proliferate. Besides flogging, Saudi Arabia is also well-known for using forced amputations. Stoning, meanwhile, is used in assorted countries and by Islamic State, and essentially amounts to capital punishment.

All in all, corporal punishment is still used all over the world including such diverse places as Yemen, Trinidad and Tobago and Tanzania.

No exceptions

While Saudi Arabia’s continued and consistent use of corporal punishment is at odds with international law and has seen the country roundly criticised on numerous occasions, the Saudi government has been consistently unwilling to change its position.

In 2004, the Saudi delegate to the UN Committee Against Torture fiercely defended the legal traditions of Saudi Arabia and rejected the convention as international interference in domestic legal affairs by “Westerners who were unfamiliar with Islamic law”. He stated that anyone who petitioned for or attempted to amend corporal punishment laws in Saudi Arabia, which of course claim a religious basis, was “not a good Muslim” and failed to recognise that the point of corporal punishment is to “protect society”.

This is the standard Saudi defence of corporal punishment, but it appeals to a legal principle that does not actually exist. While the Saudi government supposedly holds the Koran to be divine law and therefore defends its domestic legislation as sacrosanct, international conventions simply do not allow rights to be violated because domestic law “overrides” them, whatever the rationale.

Stand firm

In the short term, the future for victims of corporal punishment in Saudi Arabia and in other countries that practice it looks bleak indeed. Despite international condemnation, there simply is no serious impetus for change on the ground.

This is particularly true in conservative countries whose governments use strict religious doctrine to control the population, a style of politics in which Saudi Arabia is something of a world leader. And while the United Nations repeatedly records and condemns the Saudi government’s violations of fundamental rights, it is unable to enforce change.

But the long-term prospects for change are far brighter. Just because international law is sometimes very difficult to implement at the national level does not make it meaningless. That Raif Badawi’s name is in the public arena, with governments and international organisations exerting such pressure on the Saudis to call off his flogging, has undoubtedly affected the Saudi perspective.

While his sentence has been upheld, Raif Badawi’s next flogging is currently still pending. The Saudi government has claimed that this is for medical reasons, as the scars from his first round have not sufficiently healed – but many commentators believe that the real reason is the sheer international pressure on the Saudi government.

This pressure needs to continue if the use of corporal punishment to control citizens becomes a complete political taboo. No state should think it can afford the opprobrium that greets this barbaric and repressive practice.

If we get to a point where the norm against flogging and the like is that strong, other forms of repressive control over the general population may also start to relax – and greater standards of human rights protection, including the right to free speech, may come within reach.

Sophie Gallop does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.

Authors: The Conversation

Read more http://theconversation.com/explainer-how-flogging-violates-international-law-42971

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...