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16 Trinity C.L. Rev. 91 (2013)
Torture and the Value of Autonomy

handle is hein.journals/trinclr16 and id is 91 raw text is: TORTURE AND THE VALUE OF AUTONOMY STUART GOOSEY* Introduction The right not to be tortured is often thought to be the paradigm case of a human right, a breach of which is one of the most profound abuses of humanity. Article 3 of the European Convention of Human Rights provides an absolute prohibition against the use of torture. Those who oppose torture must, however, provide cogent reasons that ground that opposition. A crucial question that must be addressed is whether a government's primary interest lies in the protection and safety of its citizens or whether it must maintain a steadfast opposition to acts of cruelty such as torture. In order to answer this question, it is necessary to provide a detailed analysis of the reasons why torture is intrinsically wrong. This account is essential in understanding the circumstances where the practice can be morally justified and will explain why we consider the practice to be abhorrent in most circumstances. The first section of this paper will outline the value of autonomy and will stress the moral importance of individuals being free to shape and determine the meaning of their lives. The next section locates the foundation for the right not to be tortured in the intrinsic value accorded to autonomous human nature, the importance of which will trump the collective goals pursued by the government. This article locates the wrongfulness of torture in the intention to force the victim into a state of passivity whilst reinforcing the impression that the victim is a mere body. This process reduces their status as a moral being by destroying the victim's capacity to shape their own lives and develop their own sense of self and personhood. This denial of autonomy will render the victim incapable of familiarising himself and making sense of the world around him. It will be argued that the torturer will seek to achieve this goal * LLB (UCL), BCL Candidate, University of Oxford. The author would like to thank Stephen Guest for his helpful comments and suggestions. which greatly improved this paper. All errors and omissions remain the author's own. © 2013 Stuart Goosey and Dublin University Law Society

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