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Torture, Inhumanity and Degradation under Article 3 of the ECHR - Absolute Rights and Absolute Wrongs (Hardcover)
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Torture, Inhumanity and Degradation under Article 3 of the ECHR - Absolute Rights and Absolute Wrongs (Hardcover)
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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 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. The
ebook editions of this book are available open access under a CC
BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was
funded by the University of Birmingham.
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