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Dignity, Degrading Treatment and Torture in Human Rights Law - The Ends of Article 3 of the European Convention on Human Rights (Hardcover)
Loot Price: R4,064
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Dignity, Degrading Treatment and Torture in Human Rights Law - The Ends of Article 3 of the European Convention on Human Rights (Hardcover)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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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.
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