Torture, inhumanity, and degradation under Article 3 of the ECHR : absolute rights and absolute wrongs / Natasa Mavronicola.

First edition.

Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020.

[London, England] : Bloomsbury Publishing, 2020.

1 online resource (288 pages)

"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. Concretising 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 offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character"-- Provided by publisher.

Includes bibliographical references and index.

Also published in print.

Mode of access: World Wide Web.

www

Print version:

Abstract freely available; full-text restricted to individual document purchasers.

Bloomsbury Collections

English

9781509903009 (ebook)
9781509903054 (PDF)
9781509942428 (print)
9781509902996 (hardback)
1509902996 (print)
9781509903061 (paperback)
1509903062 (print)

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