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Dignity Degrading Treatment And Torture In Human Rights Law
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Book Synopsis Dignity, Degrading Treatment and Torture in Human Rights Law by : Elaine Webster
Download or read book Dignity, Degrading Treatment and Torture in Human Rights Law written by Elaine Webster and published by Routledge. This book was released on 2018-04-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Humiliation, Degradation, Dehumanization by : Paulus Kaufmann
Download or read book Humiliation, Degradation, Dehumanization written by Paulus Kaufmann and published by Springer Science & Business Media. This book was released on 2010-10-07 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights and the Care of Older People by : Maeve O?Rourke
Download or read book Human Rights and the Care of Older People written by Maeve O?Rourke and published by Oxford University Press. This book was released on 2024-05-09 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Book Synopsis The United Nations Convention Against Torture and its Optional Protocol by : Manfred Nowak
Download or read book The United Nations Convention Against Torture and its Optional Protocol written by Manfred Nowak and published by Oxford University Press. This book was released on 2019-12-19 with total page 1376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Childhood Abused by : Geraldine Van Bueren
Download or read book Childhood Abused written by Geraldine Van Bueren and published by Routledge. This book was released on 2019-01-22 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this book seeks to consider the application of international human rights standards to situations where children are at risk of torture and other forms of ill-treatment. Each of the contributors authoritatively examines torture, cruel, inhuman and degrading treatment and punishment from the perspective of their own discipline and experience. In exploring the issues, Childhood Abused, also helps to raise their profile, as invisibility, ignorance and secrecy contribute to the continuation of such practices. The subject is harrowing and complex, Childhood Abused, needs to be read so that we are better able to prevent and protect children against such abhorrent and prohibited forms of ill-treatment.
Book Synopsis The Universal Declaration of Human Rights by :
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Torture, Inhumanity and Degradation Under Article 3 of the ECHR by : Natasa Mavronicola
Download or read book Torture, Inhumanity and Degradation Under Article 3 of the ECHR written by Natasa Mavronicola and published by Hart Publishing. This book was released on 2022-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :Association pour la prévention de la torture (Genève) Publisher : ISBN 13 :9782940337279 Total Pages :198 pages Book Rating :4.3/5 (372 download)
Book Synopsis Torture in international law : a guide to jurisprudence by : Association pour la prévention de la torture (Genève)
Download or read book Torture in international law : a guide to jurisprudence written by Association pour la prévention de la torture (Genève) and published by . This book was released on 2008 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Transformation of the Prohibition of Torture in International Law by : Lutz Oette
Download or read book The Transformation of the Prohibition of Torture in International Law written by Lutz Oette and published by Oxford University Press. This book was released on 2024-06-04 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.
Book Synopsis The Prohibition of Torture and Ill-treatment in the Inter-American Human Rights System by : Diego Rodríguez Pinzón
Download or read book The Prohibition of Torture and Ill-treatment in the Inter-American Human Rights System written by Diego Rodríguez Pinzón and published by Boris Wijkstrom. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Handbook presents...information about the inter-American system generally and, in particular, as it relates to the prohibition of torture and cruel, inhuman and degrading treatment or punishment."--
Book Synopsis Human Rights and the Care of Older People by : Assistant Professor of Human Rights Maeve O'Rourke
Download or read book Human Rights and the Care of Older People written by Assistant Professor of Human Rights Maeve O'Rourke and published by . This book was released on 2024-08-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Book Synopsis Torture Is a Moral Issue by : George Hunsinger
Download or read book Torture Is a Moral Issue written by George Hunsinger and published by Wm. B. Eerdmans Publishing. This book was released on 2008-09-05 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this hard-hitting volume two dozen scholars, activists, military officers, and religious leaders call for an immediate end to the practice of torture, paying particular attention to its use in the American war on terror. Torture Is a Moral Issue begins with background material, including vivid firsthand accounts from a torture survivor and a former U.S. interrogator in Iraq. The heart of the book contains respectively Christian, Jewish, and Muslim arguments against torture, and the final part charts a way forward toward a solution, offering much principled yet practical advice. Included as an afterword is an interview with Darius Rejali, one of the world's foremost experts on torture and democracy. Contributors: Taha Jabir Alalwani William T. Cavanaugh John Conroy Edward Feld David P. Gushee Yahya Hendi Scott Horton George Hunsinger Adm. John Hutson Tony Lagouranis Ellen Lippman Ingrid Mattson Ann Elizabeth Mayer Marilyn McEntyre Gen. Richard M. O'Meara Dianna Ortiz Darius Rejali Louise Richardson Kenneth Roth Fleming Rutledge Melissa Weintraub Carol Wickersham
Book Synopsis The European Convention for the Prevention of Torture and Inhuman Or Degrading Treatment Or Punishment by : Giovanni Distefano
Download or read book The European Convention for the Prevention of Torture and Inhuman Or Degrading Treatment Or Punishment written by Giovanni Distefano and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 26 June 1987, the Committee of Ministers of the Council of Europe adopted the “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which entered eventually into force two years later. Being closely intertwined with the European Convention of Human Rights (1950), the Torture Convention establishes a parallel monitoring system ensuring the respect of the subjective rights contained therein. In addition to the 1950 Convention, it introduces an absolutely novel mechanism aimed to address in a preventive and effective way the needs related to the protection of human dignity and other core human rights belonging to individuals deprived of their liberty. This short study endeavours firstly to describe the preparatory phases of the Convention. In this connection, the raisons d'être and concerns which led to its birth will be likewise analysed (First Part). Secondly, an operational definition of “torture and inhuman and degrading treatments” will be propounded, in the light of a concise referral to the European Court of Human Rights case-law (Second Part). A brief survey of the Convention main provisions will be the topic dealt with in the Third Part. Finally, its implementation, the pivotal role of the European Committee for the Prevention of Torture and the respective roles of the latter and International Committee of the Red Cross will be the focus of the Fourth and last Part.
Book Synopsis Research Handbook on Torture by : Malcolm D. Evans
Download or read book Research Handbook on Torture written by Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Torture, Power, and Law by : David Luban
Download or read book Torture, Power, and Law written by David Luban and published by Cambridge University Press. This book was released on 2014-09-04 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable.
Book Synopsis The Torture of Children During Armed Conflicts by : Sonja C. Grover
Download or read book The Torture of Children During Armed Conflicts written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2013-10-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court’s reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.
Book Synopsis The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by : Eman Hamdan
Download or read book 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 published by BRILL. This book was released on 2016-05-23 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.
