Torture, Inhumanity and Degradation under Article 3 of the ECHR
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 delimitat...
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| Natura: | Online |
| Lingua: | inglese |
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Bloomsbury Academic
2023
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| Accesso online: | ONIX_20230503_9781509903054_9 |
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| _version_ | 1869517136619110400 |
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| author | Mavronicola, Natasa |
| author_browse | Mavronicola, Natasa |
| author_facet | Mavronicola, Natasa |
| author_sort | Mavronicola, Natasa |
| collection | Directory of Open Access Books |
| description | 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. |
| format | Online |
| id | doab-20.500.12854ir-99938 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Bloomsbury Academic |
| publisherStr | Bloomsbury Academic |
| record_format | ojs |
| spelling | doab-20.500.12854ir-999382025-07-17T12:15:39Z Torture, Inhumanity and Degradation under Article 3 of the ECHR Mavronicola, Natasa Human rights Absolute rights European law ECHR thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil 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 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. 2023-05-05T04:02:17Z 2023-05-05T04:02:17Z 2023-05-03T18:57:22Z 2021 book ONIX_20230503_9781509903054_9 https://library.oapen.org/handle/20.500.12657/62913 9781509903054 9781509903061 https://directory.doabooks.org/handle/20.500.12854/99938 eng open access image/png image/png Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/62913/2/9781509903061.epub https://library.oapen.org/bitstream/20.500.12657/62913/2/9781509903061.epub Bloomsbury Academic Hart Publishing 10.5040/9781509903009 10.5040/9781509903009 f75587da-2374-4722-9d42-9fffa7fa3f92 9781509903054 9781509903061 Hart Publishing 224 London open access |
| spellingShingle | Human rights Absolute rights European law ECHR thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights Mavronicola, Natasa Torture, Inhumanity and Degradation under Article 3 of the ECHR |
| title | Torture, Inhumanity and Degradation under Article 3 of the ECHR |
| title_full | Torture, Inhumanity and Degradation under Article 3 of the ECHR |
| title_fullStr | Torture, Inhumanity and Degradation under Article 3 of the ECHR |
| title_full_unstemmed | Torture, Inhumanity and Degradation under Article 3 of the ECHR |
| title_short | Torture, Inhumanity and Degradation under Article 3 of the ECHR |
| title_sort | torture inhumanity and degradation under article 3 of the echr |
| topic | Human rights Absolute rights European law ECHR thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights |
| topic_facet | Human rights Absolute rights European law ECHR thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPV Political control and freedoms::JPVH Human rights, civil rights |
| url | ONIX_20230503_9781509903054_9 |
| work_keys_str_mv | AT mavronicolanatasa tortureinhumanityanddegradationunderarticle3oftheechr |