Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs (Modern Studies in European Law)

Human rights are the subject of enduring interest, engagement and controversy both in the academic and public domain. Absolute human rights provoke such interest and controversy even more intensely. This book critically engages with the concept of absolute rights, and examines how the absolute character of the right enshrined in Article 3 of the ECHR, which provides that no one shall be subjected to torture or inhuman or degrading treatment or punishment, informs the interpretation of the right. The book offers a persuasive theoretical framework for delimiting absolute rights in a way which remains faithful to their absolute nature. It counters broad-brush accounts of the delimitation of absolute rights and provides a nuanced account of the foundations, challenges, and pathways to such delimitation. Concretising these starting points, the book undertakes a rigorous and theoretically engaged legal analysis of the character and substantive scope of Article 3 of the ECHR in light of this framework. The book therefore serves as a theoretical and doctrinal study of a fundamental - but contested - area of human rights law.

• | Author: Natasa Mavronicola
• | Publisher: Hart Publishing
• | Publication Date: February 25, 2021
• | Number of Pages: 224 pages
• | Language: English
• | Binding: Hardcover
• | ISBN-10: 1509902996
• | ISBN-13: 9781509902996