Download or read book Standards of Effective Investigation of Torture and Other Ill treatment in the Jurisprudence of the European Court of Human Rights and the UN Treaty bodies written by Vadym Chovgan and published by Danish Institute against Torture . This book was released on 2021-11-01 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores the international jurisprudence related to effective investigation of torture and other forms of ill-treatment. Effective investigation is a positive obligation that states have towards victims of human rights violations. Failing to fulfil it means denying protection to the victims, which impairs their right to obtain redress. However, investigating torture and ill-treatment is not an obligation of results, but of means – the state must take all necessary and reasonable steps that may lead to identifying the perpetrator and establishing the relevant facts. For the investigation to be regarded as effective, it should in principle be capable of leading to identification of those responsible and to the establishment of the facts. The paper covers the standards of the European Court of Human Rights (ECtHR) and the UN treaty bodies: the Committee against Torture (CAT) and the Human Rights Committee (HRC). It contains selected highlights of the jurisprudence on effective investigations developed by these bodies. In addition, this note also briefly describes the admissibility criteria for individual complaints on torture and other ill-treatment submitted to the ECtHR and the UN treaty bodies. It contains practical recommendations on how to raise the chances to get a complaint on ineffective investigation of torture admitted by the ECtHR. These recommendations were collected through personal interviews with lawyers practicing before the ECtHR. The purpose of this publication is to provide a summary of key international standards on effective investigation of torture and ill-treatment from a practical point of view. To this end, it provides specific examples of what shortcomings in investigations would be considered in violation of the standard of effective investigation. These examples can be used by lawyers and civil society activists to build cases in the international jurisdictions that consider complaints on torture and ill-treatment, in particular the UN and European Court of Human Rights. The paper was inspired by the discussions on key challenges in building successful litigations on effective investigation of torture and other ill-treatment faced by DIGNITY’s civil society partners working in Ukraine. However, it is may also be relevant for the use in other countries under the jurisdiction of the ECtHR and/or the UN Committee Against Torture and the UN Human Rights Committee.
Download or read book The UN Human Rights Treaty System written by Suzanne Egan and published by Bloomsbury Professional. This book was released on 2011-07-31 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.
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 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 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Published with the support of Austrian Science Fund (FWF): PUB 644-G."
Download or read book UN Human Rights Treaty Bodies written by Leena Grover and published by Cambridge University Press. This book was released on 2012-04-16 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Download or read book The right to a remedy and to reparation for gross human rights violations a practitioners guide written by Cordula Dröge and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The United Nations Convention Against Torture written by H. Danelius and published by BRILL. This book was released on 2021-09-27 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The UN Human Rights Treaty System written by Anne Bayefsky and published by BRILL. This book was released on 2021-10-18 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights treaties are at the core of the international system for the promotion and protection of human rights. Every UN member state has ratified at least one of these treaties, making them applicable to virtually every child, woman or man in the world - over six billion people. At the same time, human rights violations are rampant. The problem is that the implementation scheme accompanying the core human rights standards was drafted during a period of history when effective international monitoring was neither intended nor achievable. Today there is a gap between universal right and remedy that is inescapable and inexcusable, threatening the integrity of the international human rights legal regime. There are overwhelming numbers of overdue reports, untenable backlogs, minimal individual complaints from vast numbers of potential victims, and widespread refusal of states to provide remedies when violations of individual rights are found. This landmark Report prepared by Professor Bayefsky envisions a wide-ranging number of reforms, most of which can be accomplished without formal amendment. The recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). Professor Bayefsky details numerous proposals for bolstering national level partnerships, and for following-up the output of the treaty monitoring system as a key missing component of the implementation regime. One major reform requiring amendment is ultimately recommended, namely, consolidation of the human rights treaty bodies and the creation of two permanent committees, one for the consideration of state reports and one for complaints. All individuals, agencies, and organizations involved in the promotion, implementation, review, analysis, and study of human rights protection for all peoples will find this Report an indispensable resource for their work. It contains a unique overview of all the working methods of the six human rights treaty bodies, a detailed and thorough statistical analysis of the operation of the human rights treaty system, and a number of additional annexes which together provide a thorough and comprehensive understanding of the treaty system. The international human rights legal system is at a crossroads, with the ideal of universality threatened by the fundamental shortfalls in effective implementation. This Report offers a clear and substantive path to moving universality beyond rhetoric and towards a treaty regime meaningful and effective in the lives of everyday people.
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Download or read book Istanbul Protocol written by United Nations. Office of the High Commissioner for Human Rights and published by United Nations Publications. This book was released on 2001 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Download or read book Reporting Under the International Covenant on Civil and Political Rights Training Guide written by United Nations and published by UN. This book was released on 2021-06-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part of the Professional Training Series (No. 23), this Guide aims to assist States parties by facilitating an understanding of the rights enshrined in the International Covenant on Civil and Political Rights and the corresponding obligations of the States. It is based on the provisions of the Covenant and the Committee's general comments, jurisprudence on individual communications and concluding observations on State party reports, as well as reporting guidelines, rules of procedure, working methods and other documents. The Guide provides practical tools to enhance reporting skills with respect to the Covenant and the capacity to implement the Committee's recommendations. It further serves as an analytical information and training tool for trainers to design and deliver courses on reporting to the Committee.
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Download or read book The Committee Against Torture written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Office of the United Nations (UN) High Commissioner for Human Rights, located in Geneva, Switzerland, provides information and documents on the Committee Against Torture. The main function of the committee is to ensure that the standards for the adequate protection for all persons against torture and other cruel, inhuman, or degrading treatment or punishment are enforced. The UN features sessions, individual complaints, press releases, and a database with information concerning all of the international human rights treaty bodies.
Download or read book Human Rights Translated written by Castan Centre for Human Rights Law and published by United Nations Publications. This book was released on 2008 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this publication is to contribute to [the] process of clarification by explaining universally recognised human rights in a way that makes sense to business. The publication also aims to illustrate, through the use of case studies and actions, how human rights are relevant in a corporate context and how human rights issues can be managed."--Introduction, p. vii.
