History of the Section

This section was modelled on article 7 of the ICCPR. This section modifies the ICCPR provision by providing additional requirements in relation to consent.

Comparative rights table


Section 10. Protection from torture and cruel, inhuman or degrading treatment

Section 10: A person must not be:

(a) subjected to torture,

(b) treated or punished in a cruel, inhuman or degrading way, or

(c) subjected to medical or scientific experimentation or treatment without his or her full, free and informed consent.

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.
ACT: Human Rights Act 2004

Section 10

S Africa: Constitution of the republic of South Africa 1996 Chapter 2
Section 12(1)(d)(e) and 12(2).
UK: Human Rights Act 1998
Schedule 1, art. 3.
Canada: Canadian Charter of Rights and freedoms

Section 12.

New Zealand: New Zealand Bill of Rights Act 1990

Section 9

Section 10

Section 11