| Description |
1 online resource (167 pages) |
| Series |
Routledge research in human rights law |
|
Routledge research in human rights law.
|
| Contents |
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Preface and acknowledgements -- Additional sources -- Table of cases -- 1. Introduction -- Why 'degrading treatment'? -- The approach of the book -- The structure of the book -- References -- 2. Degrading treatment within Article 3 -- The category of degrading treatment -- Relative assessment of a minimum level of severity -- The inherent scope for evolution -- An absolute right -- The obligations of states under Article 3 -- Degrading treatment: interpretation in context -- References -- 3. Framing the conceptual boundaries of degrading treatment -- The epistemological dimension -- foundations of legal meaning -- The judicial dimension -- justifying legal meanings -- The formative dimension -- developing the parameters of legal meaning -- Chapter summary -- References -- 4. Understanding the benchmarks of degradation -- Feelings of fear, anguish and inferiority -- Humiliation and debasement -- Breaking of physical or moral resistance -- Being driven to act against will or conscience -- Adverse effect on personality -- Chapter summary -- References -- 5. The meaning of 'treatment' -- Treatment's ordinary meaning -- Treatment in Article 3 case-law -- Treatment as social experience -- Conclusion -- References -- 6. The ends of Article 3: the protection of human dignity and the limits of state responsibility -- Socio-economic deprivation and active individual 'choice' -- Degrading treatment? -- From state obligations to state responsibility? -- Chapter summary -- References -- 7. From degrading treatment to torture, cruel and inhuman treatment -- Torture -- Cruel and inhuman treatment -- Chapter summary -- References -- 8. Conclusion -- Index |
| Summary |
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 treatments scope, from foundations of legal interpretation to the drivers of humiliation. It draws on wide-ranging literature and extensive analysis of more than1,500 judgments of the European Court of Human Rights, which has pioneered the rights 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 rights 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 rights meaning, development, and potential scope of application, as well as those with an interest in methodologies of human rights interpretation |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed May 16, 2018) |
| SUBJECT |
Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5)
|
|
Convention for the Protection of Human Rights and Fundamental Freedoms fast |
| Subject |
Human rights -- Europe
|
|
Respect for persons -- Law and legislation -- Europe
|
|
Dignity.
|
|
Cruelty.
|
|
Torture (International law)
|
|
LAW -- Constitutional.
|
|
LAW -- Public.
|
|
cruel and degrading treatment.
|
|
torture.
|
|
European Court of Human Rights.
|
|
European Convention on Human Rights.
|
|
freedom of self-determination.
|
|
traitement cruel et dégradant.
|
|
torture.
|
|
Cour européenne des droits de l'homme.
|
|
convention européenne des droits de l'homme.
|
|
libre disposition de soi-même.
|
|
Cruelty
|
|
Dignity
|
|
Human rights
|
|
Respect for persons -- Law and legislation
|
|
Torture (International law)
|
|
Europe
|
| Form |
Electronic book
|
| ISBN |
9781317516019 |
|
131751601X |
|
1138856630 |
|
9781138856639 |
|
