In theory, international law provides a clear framework for
ensuring the rarity of detention by either characterising a
detention practice as inherently arbitrary or treating it as a
measure of last resort. However, some critics have argued that
international law prioritises procedural safeguards, leaving the
international law on the legitimacy, necessity, and proportionality
of detention and its alternatives underdeveloped. Detention and its
Alternatives under International Law analyses the current state of
the international law on detention and its alternatives within
national law and policy. It addresses armed conflict,
counterterrorism, criminal justice, mental health, migration,
public health, and social care. The book discusses a number of
topics such as: shortcomings in how international law addresses
structural inequality and discrimination; the level of scrutiny
applied to the evidence supporting decisions to detain; and the
availability and proportionality of alternatives to detention and
their compatibility with human rights. All chapters analyse how new
and emerging technologies affect decisions to detain, as well as
the nature of alternatives to detention. Without conflating
different forms of detention, the book proposes key means of making
detention a true measure of last resort. Detention and its
Alternatives under International Law will be a valuable resource to
practitioners and scholars working on the right to liberty or the
underlying policy areas in which detention is employed as a tool.
General
| Imprint: |
Oxford UniversityPress
|
| Country of origin: |
United Kingdom |
| Release date: |
August 2023 |
| Authors: |
Lorna McGregor
(Professor of International Human Rights Law)
|
| Dimensions: |
234 x 156mm (L x W) |
| Pages: |
240 |
| ISBN-13: |
978-0-19-886623-7 |
| Categories: |
Books
Promotions
|
| LSN: |
0-19-886623-2 |
| Barcode: |
9780198866237 |
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