Dignity, Degrading Treatment and Torture in Human Rights Law: The Ends of Article 3 of the European Convention on Human Rights, 1st Edition

Research output: Book/ReportBook

Abstract

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 fifteen hundred 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.
Original languageEnglish
Place of PublicationNew York
Number of pages184
Publication statusPublished - 30 Apr 2018

Publication series

NameRoutledge Research in Human Rights Law
PublisherRoutledge

Keywords

  • human rights
  • European Convention on Human Rights
  • torture
  • degrading treatment
  • human dignity

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  • Profiles

    Research Output

    • 1 Other contribution
  • Activities

    • 2 Oral presentation
    • 1 Organiser of special symposia
    • 1 To be assigned

    Dignity, Degrading Treatment, Torture & the Role of Human Rights Law(yers)

    Elaine Webster (Participant)
    2019

    Activity: Participating in or organising an event typesOrganiser of special symposia

    The Human Right to be Free from 'Degrading Treatment' - What Does It Mean?

    Elaine Webster (Organiser)
    3 May 2018

    Activity: Participating in or organising an event typesTo be assigned

    The European Court of Human Rights' Reasoning on Article 3: Mitigating legitimacy challenges

    Elaine Webster (Speaker)
    2018

    Activity: Talk or presentation typesOral presentation

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