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Foreign & International Law - Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs (Modern Studies in European Law)

Description

Book Synopsis: 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. 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.

Details

Discover the groundbreaking study that unveils the true essence of 'absolute rights' in human rights law. In the must-read book "Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs," you will delve into the depths of Article 3 of the European Convention on Human Rights (ECHR) and its profound impact on global justice. This comprehensive analysis sheds light on how an 'absolute right' should be defined and how it can be protected, specifically focusing on the right not to be subjected to torture, inhuman or degrading treatment or punishment.

As you navigate through the pages, you will gain insights into the intricate delimitation of this fundamental right. From distinguishing the boundaries between torture, inhumanity, and degradation, to the complex implications of justified use of force, this book unravels the core concepts surrounding these crucial boundaries. It also explores the duty of states to protect individuals from ill-treatment and the prohibition on expelling individuals to places where they face the risk of torture, inhumanity, or degradation.

At a time when the absolute character of this right is questioned and challenged, this book stands as a guiding beacon of knowledge and understanding. It presents a robust defense against attempts to diminish its significance, offering a transparent and coherent reinterpretation of the right not to be subjected to torture or inhuman or degrading treatment or punishment.

Don't miss this opportunity to join the intellectual discourse surrounding human rights law. Order "Torture, Inhumanity and Degradation under Article 3 of the ECHR" now and equip yourself with the knowledge needed to advocate for justice and stand against any infringement upon these absolute rights.

Order now and discover the absolute truth behind human rights law!

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