Litigating Emergency De-institutionalisation as Torture

Challenging institutionalisation as torture has a long tradition in human rights advocacy, for obvious reasons – but with not so obvious consequences. Freedom from torture is a cornerstone of the international human rights protection system, and a finding of torture brings with it a serious moral condemnation. But litigators do not simply want to make a point by winning before courts. They are looking for remedies which help individual victims and those affected similarly, by transforming policies. They want change on the ground, not declarations. This chapter looks at the advantages and disadvantages of relying on the torture framework to challenge institutionalisation of persons with disabilities at the time of the COVID-19 pandemic