Appendix 2: International human rights law on solitary confinement, seclusion and restraint Compiled by Eleanor Vermunt, Legal Adviser, New Zealand Human Rights Commission International treaties International Covenant on Civil and Political Rights (ICCPR) Adopted in 1966 and ratified by New Zealand in 1978 • Article 7: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.” • Article 4(2) established this as a non-derogable peremptory norm, which means that States can never derogate from it, even in times of a public emergency. • Article 10.1: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” • Article 10.3: “The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.” Juveniles • Article 10(2)(b): “Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.” • Article 10(3): “… Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.” • Article 14(4): “In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.” 56