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Author: Elaine Webster
Publisher: Routledge
ISBN: 9780367894290
Category :
Languages : en
Pages : 165
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Book Description
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.
Author: Elaine Webster
Publisher: Routledge
ISBN: 9780367894290
Category :
Languages : en
Pages : 165
Get Book Here
Book Description
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.
Author: Paulus Kaufmann
Publisher: Springer Science & Business Media
ISBN: 9048196612
Category : Philosophy
Languages : en
Pages : 268
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Book Description
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.
Author: Manfred Nowak
Publisher: Oxford University Press
ISBN: 0198846177
Category : Law
Languages : en
Pages : 1361
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Book Description
"Published with the support of Austrian Science Fund (FWF): PUB 644-G."
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Association pour la prévention de la torture (Genève)
Publisher:
ISBN: 9782940337279
Category : Torture (International law)
Languages : en
Pages : 198
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Book Description
Author: Sarah Joseph
Publisher: OUP Oxford
ISBN: 0191650234
Category : Law
Languages : en
Pages : 1042
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Book Description
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 110701624X
Category : Law
Languages : en
Pages : 373
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Book Description
Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: United Nations Publications
ISBN:
Category : Political Science
Languages : en
Pages : 90
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Book Description
Although international human rights and humanitarian law consistently prohibit torture under any circumstance, torture and ill-treatment are practiced in more than half the world's countries. This manual was developed to enable states to address one of the most fundamental concerns in protecting individuals from torture - effective documentation. The Istanbul Protocol is intended to serve as international guidelines for investigating cases of alleged torture and for reporting findings to the judiciary or any other investigative body.
Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1107729696
Category : Political Science
Languages : en
Pages : 379
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Book Description
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Author: Gordon Brown
Publisher: Open Book Publishers
ISBN: 1783742216
Category : Political Science
Languages : en
Pages : 129
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Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
