Torture Inhumanity And Degradation Under Article 3 Of The Echr
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Torture Inhumanity And Degradation Under Article 3 Of The Echr
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Author : Natasa Mavronicola
language : en
Publisher: Hart Publishing
Release Date : 2022-10-20
Torture Inhumanity And Degradation Under Article 3 Of The Echr written by Natasa Mavronicola and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation. Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character. Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.
Dignity Degrading Treatment And Torture In Human Rights Law
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Author : Elaine Webster
language : en
Publisher: Routledge
Release Date : 2019-12-09
Dignity Degrading Treatment And Torture In Human Rights Law written by Elaine Webster and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-09 with categories.
Although scholars have shown longstanding interest in the boundaries of interpretation of the right not to be subjected to torture and other prohibited harm, the existing body of work does not sufficiently reflect the significance of the interpretive scope of degrading treatment. This book argues that the degrading treatment element of the right is a crucial site of analysis, in itself and for understanding the parameters of the right as a whole. It addresses how, methodologically, the scope of meaning and application of the right not to be subjected to degrading treatment should best be identified and considers the implications thereof. It systematically examines the diverse aspects of degrading treatment's scope, from foundations of legal interpretation to the drivers of humiliation. It draws on wide-ranging literature and extensive analysis of more than 1,500 judgments of the European Court of Human Rights, which has pioneered the right's interpretive growth. The book aims to explore how the interpretive possibilities, and limits, of the right not to be subjected to degrading treatment turn upon the axes of human dignity and state responsibility, and aims to show how this right's protection can be achieved as well as limited through processes of interpretation. Dignity, Degrading Treatment and Torture in Human Rights Law provides interpreters with analytical tools to advance the application of the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment in international, regional and domestic human rights law. It will appeal to all who have an interest in understanding the right's meaning, development, and potential scope of application, as well as those with an interest in methodologies of human rights interpretation.
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.
Coercive Human Rights
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Author : Laurens Lavrysen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
Coercive Human Rights written by Laurens Lavrysen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
The Judicial Application Of Human Rights Law
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Author : Nihal Jayawickrama
language : en
Publisher: Cambridge University Press
Release Date : 2002-12-12
The Judicial Application Of Human Rights Law written by Nihal Jayawickrama 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 2002-12-12 with Law categories.
10 The right to life
Can Human Rights Survive
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Author : Conor Gearty
language : en
Publisher: Cambridge University Press
Release Date : 2006-05-18
Can Human Rights Survive written by Conor Gearty 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 2006-05-18 with Law categories.
In this 2006 book, Conor Gearty confronts the challenges that may destroy the language of human rights for future generations.
Explanatory Report On The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment
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Author : Council of Europe. Directorate of Human Rights
language : en
Publisher: Council of Europe
Release Date : 1989
Explanatory Report On The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment written by Council of Europe. Directorate of Human Rights and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
On cover: Convention opened for signature on 26 November 1987
Courting Gender Justice
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Author : Lisa McIntosh Sundstrom
language : en
Publisher: Oxford University Press
Release Date : 2019-02-01
Courting Gender Justice written by Lisa McIntosh Sundstrom 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 2019-02-01 with Law categories.
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Humiliation Degradation Dehumanization
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Author : Paulus Kaufmann
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-10-07
Humiliation Degradation Dehumanization written by Paulus Kaufmann and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-07 with Philosophy categories.
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.
Dialogue Across The Atlantic
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Author : Rights
language : en
Publisher:
Release Date : 2015
Dialogue Across The Atlantic written by Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Human rights categories.
In recent years the European and Inter-American human rights courts have intensified their cooperation. This judicial dialogue is important given the similarity of the rights and freedoms protected by the respective treaties governing the work of the two courts, and the existence of equivalent criteria of admissibility and principles of interpretation. Moreover, the increasing similarity of the issues brought before the two courts has conferred a new relevance on their respective bodies of case-law. This book, published in English and Spanish, presents a selection of the leading decisions delivered by each court in 2014. In addition to their importance in their own right, some of these cases also serve to illustrate parallels in the manner in which the two conventions are interpreted, areas where the methodology diverges and, most importantly, how the two courts are increasingly having regard to each other's approach to human-rights protection. [Subject: Human Rights Law, Comparative Law]