TUM Library catalog › Details for: Dignity, Degrading Treatment and Torture in Human Rights Law : The Ends of Article 3 of the European Convention on Human Rights /

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Dignity, Degrading Treatment and Torture in Human Rights Law : The Ends of Article 3 of the European Convention on Human Rights / Elaine Webster.

By: Webster, Elaine [author.]Material type: Text

TextSeries: Routledge Research in Human Rights LawPublisher: London : Taylor and Francis, 2018Edition: First editionDescription: 1 online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9781315719443; 9781317515999Subject(s): Civil rights | Human rights | Jurisprudence | Law -- Europe | European (EC) Law | Human Rights | Human Rights Law & Civil Liberties | Jurisprudence & General IssuesAdditional physical formats: Print version: : No titleLOC classification: K3240Online resources: Click here to view.

Contents:

chapter 1 Introduction / Elaine Webster -- chapter 2 Degrading treatment within Article 3 / Elaine Webster -- chapter 3 Framing the conceptual boundaries of degrading treatment / Elaine Webster -- chapter 4 Understanding the benchmarks of degradation / Elaine Webster -- chapter 5 The meaning of ‘treatment’ / Elaine Webster -- chapter 6 The ends of Article 3 -- The protection of human dignity and the limits of state responsibility / Elaine Webster -- chapter 7 From degrading treatment to torture, cruel and inhuman treatment / Elaine Webster -- chapter 8 Conclusion / Elaine Webster.

Scope and content: "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."--Provided by publisher.

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"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."--Provided by publisher.