Foliage, International Law, and Stew
It continues to baffle me that it is truly autumn here. Though it may be sunny in Williamsburg, here in La Plata I have needed to don a coat each morning for my walk to work through city streets sprinkled with yellow leaves. The city offers an abundance of parks to enjoy views of the fall foliage. In fact, La Plata’s streets form a symmetrical grid, with parks strategically placed every few blocks. The streets are also numbered, making it almost impossible to get lost. I have particularly enjoyed going for runs in the city’s largest park, aptly called El Bosque, which translates to “the forest” in English.
This week at work, I have been reading about varying definitions of torture. Different countries, international organizations, and treaties define torture in distinct ways. As such, certain acts may be deemed torturous according to some definitions but not others. Most notably for the work of the Commission, the Organization of American States’ (OAS) Inter-American Convention to Prevent and Punish Torture defines torture more broadly than many other international bodies, such as the UN. Whereas the UN’s definition requires that the suffering inflicted by the act in question reach a certain degree of pain to constitute torture, the OAS definition does not include a severity requirement. Furthermore, unlike the UN’s definition, the OAS definition does not require the inflictor of the pain to act with a specific purpose. In contrast, the UN definition mandates that acts only constitute torture if they are performed with specific intent, such as inducing a confession, punishing the victim, or acting out of discrimination.
This discrepancy in definitions is crucial to the Commission's work. For example, under the UN definition, it is more difficult and controversial to argue that neglectful treatment in prisons constitutes torture. In contrast, the broader OAS definition allows harm arising from neglect to qualify. In Argentina, human rights conventions, such as the OAS’s Inter-American Convention to Prevent and Punish Torture, have constitutional status and therefore override domestic law in cases of conflict. Because Argentina is a member of the OAS, the Commission can utilize the more expansive OAS definition to advocate for individuals suffering from poor prison conditions. Consequently, when the Comisssion persuades a judge that a certain act meets the OAS definition of torture, state authorities are obligated to punish the perpetrators and prevent future incidences of the relevant torturous act.
Outside of work, Argentines celebrated Primer Gobierno Patrio last Sunday. This national holiday commemorates the installation of the country’s first national government, setting in motion the series of events that would ultimately lead to independence from Spain. My housemates and I enjoyed the day by watching videos of Argentine wildlife and Argentina’s 2022 World Cup victory. We also enjoyed a delicious traditional soup at lunch known as humita stew, made from sweet corn, onions, and bell pepper. I look forward to all that I will learn and experience in the coming weeks!