The Principle Of Non Refoulement Under The Echr And The Un Convention Against Torture And Other Cruel Inhuman Or Degrading Treatment Or Punishment
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The Principle Of Non Refoulement Under The Echr And The Un Convention Against Torture And Other Cruel Inhuman Or Degrading Treatment Or Punishment
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Author : Eman Hamdan
language : en
Publisher: BRILL
Release Date : 2016-06-02
The Principle Of Non Refoulement Under The Echr And The Un Convention Against Torture And Other Cruel Inhuman Or Degrading Treatment Or Punishment written by Eman Hamdan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-02 with Law categories.
This book examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture. It provides a comprehensive and comparative analysis of the non-refoulement case-law of both the European Court of Human Rights and the UN Committee against Torture.
Non Refoulement Under The European Convention On Human Rights And The Un Convention Against Torture
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Author : Fanny De Weck
language : en
Publisher: BRILL
Release Date : 2016-10-07
Non Refoulement Under The European Convention On Human Rights And The Un Convention Against Torture written by Fanny De Weck and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-07 with Law categories.
This book offers a comprehensive analysis and comparison of the practice and case law of the European Court of Human Rights and the UN Committee against Torture in the assessment of individual complaints concerning the principle of non-refoulement.
Frontex And Non Refoulement
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Author : Roberta Mungianu
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-18
Frontex And Non Refoulement written by Roberta Mungianu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-18 with Law categories.
This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.
The United Nations Convention Against Torture And Its Optional Protocol
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Author : Manfred Nowak
language : en
Publisher: Oxford University Press
Release Date : 2019-12-19
The United Nations Convention Against Torture And Its Optional Protocol written by Manfred Nowak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-19 with Law categories.
The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26
The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
International Legal Standards For The Protection From Refoulement
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Author : Cornelis Wolfram Wouters
language : en
Publisher:
Release Date : 2009
International Legal Standards For The Protection From Refoulement written by Cornelis Wolfram Wouters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Asylum, Right of categories.
Every year, millions of people are seeking protection in countries other than their own for fear of being tortured, persecuted, or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure - in dire need of knowing, understanding, and receiving their rights. This book explores the basic right of every forcibly-displaced person to be protected from refoulement (forced return). The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment, or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties - the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students, and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States which have obliged themselves to protect people from becoming victims of unspeakable atrocities.
Temporary Protection In Law And Practice
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Author : Meltem Ineli-Ciger
language : en
Publisher: BRILL
Release Date : 2017-12-01
Temporary Protection In Law And Practice written by Meltem Ineli-Ciger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-01 with Law categories.
In Temporary Protection in Law and Practice, Meltem Ineli-Ciger provides guidance to states on how to implement a viable temporary protection regime in line with international law by analysing temporary protection laws and policies in Europe, Southeast Asia, Turkey and the United States.
The Readmission Of Asylum Seekers Under International Law
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Author : Mariagiulia Giuffré
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-20
The Readmission Of Asylum Seekers Under International Law written by Mariagiulia Giuffré and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
Research Handbook On Torture
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Author : Malcolm D. Evans
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Research Handbook On Torture written by Malcolm D. Evans and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.
The Duty Of The Shipmaster To Render Assistance At Sea Under International Law
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Author : Felicity G. Attard
language : en
Publisher: BRILL
Release Date : 2020-08-25
The Duty Of The Shipmaster To Render Assistance At Sea Under International Law written by Felicity G. Attard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-25 with Law categories.
This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.