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Konzert zum 10. Internationalen Symposium Gegen Isolation (literally translates to "Concert for the 10th International Symposium Against Isolation"), the 2013 German poster promoting a concert held on March 16th in Berlin, Germany. The legality of solitary confinement has been frequently challenged over the past sixty years as conceptions surrounding the practice have changed. Much of the legal discussion concerning solitary confinement has centered on whether or not it constitutes torture or cruel and unusual punishment. While international law has generally begun to discourage solitary confinement's use in penal institutions, opponents of solitary confinement have been less successful at challenging it within the United States legal system. In 1949, the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly. Although the Declaration is non-binding, the basic human rights outlined within it have served as the foundation of customary international law. The relevance of the Declaration to solitary confinement is found in Article 5, which states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Thus, if solitary confinement is believed to constitute torture or cruel, inhuman, or degrading treatment or punishment, then the country practicing solitary confinement is violating the provisions set by the UDHR.

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