Download or read book Dignity Degrading Treatment and Torture in Human Rights Law written by Elaine Webster and published by Routledge. This book was released on 2018-04-27 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Humiliation Degradation Dehumanization written by Paulus Kaufmann and published by Springer Science & Business Media. This book was released on 2010-10-07 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights and the Care of Older People written by Maeve O?Rourke and published by Oxford University Press. This book was released on 2024-05-09 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Download or read book The United Nations Convention Against Torture and its Optional Protocol written by Manfred Nowak and published by Oxford University Press. This book was released on 2019-12-19 with total page 1376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Download or read book Childhood Abused written by Geraldine Van Bueren and published by Routledge. This book was released on 2019-01-22 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this book seeks to consider the application of international human rights standards to situations where children are at risk of torture and other forms of ill-treatment. Each of the contributors authoritatively examines torture, cruel, inhuman and degrading treatment and punishment from the perspective of their own discipline and experience. In exploring the issues, Childhood Abused, also helps to raise their profile, as invisibility, ignorance and secrecy contribute to the continuation of such practices. The subject is harrowing and complex, Childhood Abused, needs to be read so that we are better able to prevent and protect children against such abhorrent and prohibited forms of ill-treatment.
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Torture Inhumanity and Degradation Under Article 3 of the ECHR written by Natasa Mavronicola and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are the subject of enduring interest, engagement and controversy both in the academic and public domain. Absolute human rights provoke such interest and controversy even more intensely. This book critically engages with the concept of absolute rights, and examines how the absolute character of the right enshrined in Article 3 of the ECHR, which provides that no one shall be subjected to torture or inhuman or degrading treatment or punishment, informs the interpretation of the right. The book offers a persuasive theoretical framework for delimiting absolute rights in a way which remains faithful to their absolute nature. It counters broad-brush accounts of the delimitation of absolute rights and provides a nuanced account of the foundations, challenges, and pathways to such delimitation. Concretising these starting points, the book undertakes a rigorous and theoretically engaged legal analysis of the character and substantive scope of Article 3 of the ECHR in light of this framework. The book therefore serves as a theoretical and doctrinal study of a fundamental - but contested - area of human rights law.
Download or read book Dignity Rank and Rights written by Jeremy Waldron and published by Oxford University Press, USA. This book was released on 2012-09-28 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writers on human dignity roughly divide between those who stress the social origins of this concept and its role in marking rank and hierarchy, and those who follow Kant in grounding dignity in an abstract and idealized philosophical conception of human beings. In these lectures, Jeremy Waldron contrives to combine attractive features of both strands. In the first lecture, Waldron presents a conception of dignity that preserves its ancient association with rank and station, thus allowing him to tap rich historical resources while avoiding what many perceive as the excessive abstraction and dubious metaphysics of the Kantian strand. At the same time he argues for a conception of human dignity that amounts to a generalization of high status across all human beings, and so attains the appealing universality of the Kantian position. The second lecture focuses particularly on the importance of dignity - understood in this way - as a status defining persons' relation to law: their presentation as persons capable of self-applying the law, capable of presenting and arguing a point of view, and capable of responding to law's demands without brute coercion. Together the two lectures illuminate the relation between dignity conceived as the ground of rights and dignity conceived as the content of rights; they also illuminate important ideas about dignity as noble bearing and dignity as the subject of a right against degrading treatment; and they help us understand the sense in which dignity is better conceived as a status than as a kind of value.
Download or read book Torture in international law a guide to jurisprudence written by Association pour la prévention de la torture (Genève) and published by . This book was released on 2008 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Transformation of the Prohibition of Torture in International Law written by Lutz Oette and published by Oxford University Press. This book was released on 2024-07-04 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.
Download or read book The Prohibition of Torture and Ill treatment in the Inter American Human Rights System written by Diego Rodríguez Pinzón and published by Boris Wijkstrom. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Handbook presents...information about the inter-American system generally and, in particular, as it relates to the prohibition of torture and cruel, inhuman and degrading treatment or punishment."--
Download or read book Human Rights and the Care of Older People written by Assistant Professor of Human Rights Maeve O'Rourke and published by . This book was released on 2024-08-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Download or read book The European Convention for the Prevention of Torture and Inhuman Or Degrading Treatment Or Punishment written by Giovanni Distefano and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 26 June 1987, the Committee of Ministers of the Council of Europe adopted the “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which entered eventually into force two years later. Being closely intertwined with the European Convention of Human Rights (1950), the Torture Convention establishes a parallel monitoring system ensuring the respect of the subjective rights contained therein. In addition to the 1950 Convention, it introduces an absolutely novel mechanism aimed to address in a preventive and effective way the needs related to the protection of human dignity and other core human rights belonging to individuals deprived of their liberty. This short study endeavours firstly to describe the preparatory phases of the Convention. In this connection, the raisons d'être and concerns which led to its birth will be likewise analysed (First Part). Secondly, an operational definition of “torture and inhuman and degrading treatments” will be propounded, in the light of a concise referral to the European Court of Human Rights case-law (Second Part). A brief survey of the Convention main provisions will be the topic dealt with in the Third Part. Finally, its implementation, the pivotal role of the European Committee for the Prevention of Torture and the respective roles of the latter and International Committee of the Red Cross will be the focus of the Fourth and last Part.
Download or read book Research Handbook on Torture written by Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.
Download or read book Collection of Material about Prohibition and Prevention of Torture and Other Cruel Inhumane and Degrading Treatment Or Punishment Bd II written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporal Punishment of Children in International and National Law written by Desiree Gumpenberger and published by Wolf Legal Publishers. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing consensus that corporal punishment violates children's fundamental human rights - the respect for human dignity and physical integrity - most of the world's children are still subjected to assault. Against this background, this book discusses and compares the characteristics of corporal punishment of children as laid down in international documents, such as the UN Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The book also looks at regional documents, including the European Convention on Human Rights, the African Charter on the Rights and Welfare of the Child, and the African Charter on Human and Peoples' Rights. Each chapter starts with a short introduction, followed by an examination of a definition of corporal punishment, and shows the role of expert bodies who are monitoring the implementation and processes of standard-setting. Therefore, a distinction is made between the prohibition in alternative care settings, schools, and by parents, which leads to the question: "Is corporal punishment of children by their parents prohibited?" The second part of the book deals with a comparative study, analyzing the implementation of the previously discussed documents in the UK, Zambia, South Africa, and Belgium. Hence, the question is "How does the State implement the provision of the prohibition of corporal punishment in domestic law?" which is followed by the question "Has the specific State prohibited corporal punishment of children by their parents?" The book ends with a conclusion in which the above-mentioned countries are compared with each other.
Download or read book Preventing Torture written by Malcolm David Evans and published by . This book was released on 1998 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: theproscription of torture became part of international customary law. But torture by agents of contemporary states persists, not least in the heart of Europe where reliance on the use of custody is growing once again. This pathbreaking documentary and empirical study - of a kind rarely undertaken inthe field of international human rights law - considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents anew phase in international human rights intervention. The Council of Europe member states have given a Strasbourg-based Committee of experts an almost unfettered hand to examine their places of custody and report on what they find. The authors, an international lawyer and a criminologist, bringtheir different analytical perspectives to bear on this innovative human rights mechanism. The authors consider the nature of torture in the late 20th century and, given the pervasive culture of denial, the difficulties in combating it. They argue that utilitarian justifications for torture lurkjust beneath the surface of modern liberal democratic state practice. They describe the background to the European Convention for the Prevention of Torture, examine the text and the modus operandi of the Committee, set the CPT's standards against those of other international bodies and discuss howthe work of the Committee should best be carried forward in an enlarged and increasingly diverse European community of nations.
