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Rh as they should be, the provision refers to seven distinct modes of conduct, namely: torture; cruel treatment; inhuman treatment; degrading treatment; cruel punishment; inhuman punishment and degrading punishment.

In common with many of the rights entrenched in the Constitution, the wording of this section conforms to a large extent with most international human rights instruments. Generally, the right is guaranteed in absolute, non-derogable and unqualified terms; justification in those instances is not possible.

The interpretation of the concepts contained in section 11(2) of the Constitution involves the making of a value judgment which "requires objectively to be articulated and identified, regard being had to the contemporary norms, aspirations, expectations and sensitivities of the … people as expressed in its national institutions and its Constitution, and further having regard to the emerging consensus of values in the civilised international community …"

While our ultimate definition of these concepts must necessarily reflect our own experience and contemporary circumstances as the South African community, there is no disputing that valuable insights may be gained from the manner in which the concepts are dealt with in public international law as well as in foreign case law.