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The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Eman Hamdan Pdf
This book examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture. It provides a comprehensive and comparative analysis of the non-refoulement case-law of both the European Court of Human Rights and the UN Committee against Torture.
Cruel, Inhuman or Degrading Treatment? by Michael Adler Pdf
The book subjects the largely hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It comprises twelve chapters dealing with the terms ‘cruel’, ‘inhuman’ and ‘degrading’ that are used as a benchmark for assessing benefit sanctions; benefit sanctions as a matter of public concern; the historical development of benefit sanctions in the UK; changes in the scope and severity of benefit sanctions; conditionality and the changing relationship between the citizen and the state; the impact and effectiveness of benefit sanctions; benefit sanctions and administrative justice; the role of law in protecting the right to a social minimum; a comparison of benefit sanctions with court fines; benefit sanctions and the rule of law; and what, if anything, can be done about benefit sanctions. Each chapter ends with a paragraph that attempts to highlight the most salient points in that chapter, and the book ends with a short conclusion in which benefit sanctions are assessed against the chosen benchmark.
Fight with Torture Or Other Cruel, Inhuman, Or Degrading Treatment Or Punishment in Peacetime by Gulnar Hasanova Pdf
The main goal of the author in writing this book is to promote fight with torture or other cruel, inhuman, or degrading treatment or punishment. Unfortunately, torture is widespread and extremely difficult to detect and eliminate. The use of torture by state officials is one of the most horrifying human rights violations. Torture and cruelty are not limited to any specific culture, geographic area or time period. International legal agreements have had a positive, though limited, effect on the human rights practices of some governments. One conclusion the author arrived at in this research is that the use of torture or other cruel, inhuman, or degrading treatment or punishment is always an effective way to keep the population in a constant state of fear and thereby makes them easier to control.
Dignity, Degrading Treatment and Torture in Human Rights Law by Elaine Webster Pdf
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.
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.
Does Torture Prevention Work? by Richard Carver,Lisa Handley Pdf
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
The Construction of Fatherhood by Alice Margaria Pdf
This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
The Prohibition of Torture and Ill-treatment in the Inter-American Human Rights System by Diego Rodríguez Pinzón,Claudia Martin Pdf
"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."--
Courting Gender Justice by Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu Pdf
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism by Aniel Caro de Beer Pdf
In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer evaluates the role of peremptory norms of international law or jus cogens in the fight against terrorism.
Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture by Fanny De Weck Pdf
This book offers a comprehensive analysis and comparison of the practice and case law of the European Court of Human Rights and the UN Committee against Torture in the assessment of individual complaints concerning the principle of non-refoulement.
