Torture beyond carceral settings against individuals from marginalized communities: the important role for clinical documentation

Abstract

This Perspective piece builds on recent scholarship that has begun to explore extra-carceral governmental actions that constitute torture or ill treatment of socially and economically marginalized populations. We advocate for a more contextual approach to the understanding of what constitutes torture or ill treatment, and, consequently, a more expansive interpretation of states’ obligations to prohibit and prevent it under international law. Following this more contextual approach, we describe several case examples of abuse directed at various marginalized communities that might constitute torture. These examples further unsettle the conventional understanding of torture that is focused on carceral and custodial settings to one that encompasses more systemic, routine forms of abuse that disproportionately affect economically and socially marginalized groups. Finally, we offer recommendations for how clinicians and health and human rights researchers, in particular, can better elucidate the links among torture, poverty, and vulnerability to hold perpetrators accountable and help states develop laws, policies, and other measures to prevent the perpetration of state-promoted or sanctioned acts of torture or ill treatment.