Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs
Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs
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The book theorises and concretises the idea of 'absolute rights in human rights law, focusing on Article 3 of the European Convention on Human Rights (ECHR). It explores how the right not to be subjected to torture or inhuman or degrading treatment or punishment should be delimited by the European Court of Human Rights (ECtHR). It covers the core of the right, the 'fringes', and the justified use of force. It aims to counter attempts to dispute, circumvent, or dilute the absolute character of the right and offer a groundwork for transparently and coherently interpreting the rights contours in line with its absolute character.
Format: Hardback
Length: 224 pages
Publication date: 25 February 2021
Publisher: Bloomsbury Publishing PLC
Absolute Rights in Human Rights Law: A Focus on Article 3 of the European Convention on Human Rights
This open access 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 rights 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 rights '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 rights contours in line with its absolute character. Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollection.
Weight: 488g
Dimension: 164 x 241 x 20 (mm)
ISBN-13: 9781509902996
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