Corporal punishment • It is generally accepted that article 19 of the CRC gives rise to a general prohibition on corporal punishment against children. • International law has evolved so that there is also a general prohibition on corporal punishment against adults on the basis that it constitutes torture or cruel, inhuman or degrading treatment or punishment (see for example General Comment 20 of the HRC). • Judicial sentences involving corporal punishment, regardless of whether they are permissible under domestic law, will therefore violate the prohibition on torture and cruel, inhuman or degrading treatment or punishment. • Torture or cruel, inhuman or degrading treatment or punishment can arise in the context of the death penalty at several stages, including the method of execution, failure to follow procedural requirements and conditions and length of time on death row. • There is evolving authority for the proposition that the implementation of the death penalty per se breaches the prohibition against torture and/or cruel, inhuman or degrading treatment or punishment. Discussion Prohibition on torture Torture is prohibited under international law and this prohibition is applicable to all states, irrespective of whether they are parties to any relevant treaties. Article 7 of the ICCPR54 and Article 5 of the UDHR55 both prohibit torture in the following terms: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 54 Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976. 72