A positive take on the legacy of the 1978 judgment in Ireland v. United Kingdom

Research output: Other contribution

Abstract

In September 2018, a request by the Irish Government to refer the Ireland v. United Kingdom revision case to the Grand Chamber of the European Court of Human Rights (ECtHR) was refused, closing a door that had been reopened after forty years. The fact that the ECtHR arrived at a finding of inhuman and degrading treatment ‘only’ has been maligned. In this post, I’d like to highlight an alternative perspective and suggest that this judgment elevated the gravity of the ‘other’ forms of treatment and set in motion a pioneering approach to the interpretation of Article 3 ECHR.
LanguageEnglish
TypeEJIL - Talk
Place of PublicationOxford
Publication statusPublished - 7 Feb 2019

Fingerprint

Ireland
human rights
ECHR
chamber
interpretation

Keywords

  • torture
  • inhuman treatment
  • degrading treatment

Cite this

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title = "A positive take on the legacy of the 1978 judgment in Ireland v. United Kingdom",
abstract = "In September 2018, a request by the Irish Government to refer the Ireland v. United Kingdom revision case to the Grand Chamber of the European Court of Human Rights (ECtHR) was refused, closing a door that had been reopened after forty years. The fact that the ECtHR arrived at a finding of inhuman and degrading treatment ‘only’ has been maligned. In this post, I’d like to highlight an alternative perspective and suggest that this judgment elevated the gravity of the ‘other’ forms of treatment and set in motion a pioneering approach to the interpretation of Article 3 ECHR.",
keywords = "torture, inhuman treatment, degrading treatment",
author = "Elaine Webster",
year = "2019",
month = "2",
day = "7",
language = "English",
type = "Other",

}

A positive take on the legacy of the 1978 judgment in Ireland v. United Kingdom. / Webster, Elaine.

Oxford. 2019, EJIL - Talk.

Research output: Other contribution

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AB - In September 2018, a request by the Irish Government to refer the Ireland v. United Kingdom revision case to the Grand Chamber of the European Court of Human Rights (ECtHR) was refused, closing a door that had been reopened after forty years. The fact that the ECtHR arrived at a finding of inhuman and degrading treatment ‘only’ has been maligned. In this post, I’d like to highlight an alternative perspective and suggest that this judgment elevated the gravity of the ‘other’ forms of treatment and set in motion a pioneering approach to the interpretation of Article 3 ECHR.

KW - torture

KW - inhuman treatment

KW - degrading treatment

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