By Joanne Ahola, M.D,. Flavio Casoy, M.D., and Alisa Gutman, M.D., Ph.D.,

Formerly man had only a body and a soul. Now he needs a passport as well for without it he will not be treated like a human being—Stefan Zweig

Ms. L. fled her home country for the United States, fearing a second arrest and further torture because of her activities as a democracy activist. She faced additional persecution as a member of an ethnic minority and because of her sexual orientation. The Legal Aid attorney working on her asylum request referred her for a mental health evaluation based on symptoms of anxiety and depression she reported.

December 2023 marked the 75th anniversary of the adoption of the 1948 Universal Declaration of Human Rights by the United Nations General Assembly. It is the foundation of all human rights treaties and conventions that have followed, many of which carry the power of binding international law.

Yet, in this time when there is deep suffering around the world, the Universal Declaration remains more a call to action than a fait accompli.

Article 5 of the Universal Declaration states: “No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.” This right is upheld by the 1966 International Covenant on Civil and Political Rights and the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Article 14 Of the Universal Declaration of Human Rights then goes on to state: “Everyone has the right to seek and enjoy in other countries asylum from persecution.” This makes the United States one of the countries obligated to provide prompt and effective redress—asylum or other forms of relief—to survivors of torture and other human rights harms who have fled their home countries seeking safety.

Individuals fleeing persecution most often arrive without objectively verifiable proof of........

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