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Author: Manfred Nowak
Publisher: Oxford University Press, USA
Published: 2008
Total Pages: 1649
ISBN-13: 9780199280001
DOWNLOAD EBOOKThis volume provides a thorough commentary on the articles of the Convention against Torture, with historical context and analysis of relevant case law from monitoring bodie and international, regional and domestic courts.
Author: Manfred Nowak
Publisher: Oxford University Press
Published: 2019
Total Pages: 1361
ISBN-13: 0198846177
DOWNLOAD EBOOK"Published with the support of Austrian Science Fund (FWF): PUB 644-G."
Author: Michelle Farrell
Publisher: Cambridge University Press
Published: 2013-08-29
Total Pages: 295
ISBN-13: 110703079X
DOWNLOAD EBOOKThis book reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.
Author: Manfred Nowak
Publisher: University of Pennsylvania Press
Published: 2018-04-20
Total Pages: 208
ISBN-13: 0812249917
DOWNLOAD EBOOKIn Torture, former United Nations Special Rapporteur on Torture Manfred Nowak recounts his experience visiting countries, reviewing documents, collecting evidence, and conducting interviews with perpetrators, witnesses, and victims of torture. His story offers vital insights for human-rights scholars and professionals.
Author: Lutz Oette
Publisher: Oxford University Press
Published: 2024-06-04
Total Pages: 369
ISBN-13: 0198885768
DOWNLOAD EBOOKThe prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.
Author: Steven J. Barela
Publisher:
Published: 2020
Total Pages: 625
ISBN-13: 0190097523
DOWNLOAD EBOOKThis book develops, for the first time, a comprehensive discussion regarding the legality of torture and the efficacy of interrogation. Scientific research has concluded that torture is not effective. So, what interrogational methods are effective and how does one deploy those methods in such a way that is consistent with law and morality?
Author: Stephanie Anna Motz
Publisher: BRILL
Published: 2020-11-04
Total Pages: 401
ISBN-13: 9004427309
DOWNLOAD EBOOKThis is the first comprehensive study on the refugee definition for persons with disabilities. It proposes a disability-specific approach to refugee status analysing the different elements of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities.
Author: Maeve O?Rourke
Publisher: Oxford University Press
Published: 2024-05-09
Total Pages: 273
ISBN-13: 019267580X
DOWNLOAD EBOOKSet against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Author: Ronli Sifris
Publisher: Routledge
Published: 2013-12-13
Total Pages: 381
ISBN-13: 1135115214
DOWNLOAD EBOOKThis book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women’s reproductive freedom within the framework of the right to be free from torture. The book considers the gendered nature of international law and the gender dimensions of the right to be free from torture. It examines the extension of the prohibition of torture to encompass situations beyond the traditional detainee context in recent years to encompass situations such as rape and female genital mutilation. It goes on to explore in detail whether denying access to abortion and involuntary sterilization constitutes torture or other cruel, inhuman or degrading treatment under international law. The book looks at whether limitations on reproductive freedom meet the determining criteria of torture which are: severe pain or suffering; being intentionally inflicted; being based on discrimination; linked in some way to a State official; whether they constitute lawful sanctions; and the importance of the concept of powerlessness. In doing so the book also highlights how this right may be applicable to other gender-based abuses including female genital mutilation, and how this right may be universally applied to allow women worldwide the right to reproductive freedom.
Author: Aniel Caro de Beer
Publisher: BRILL
Published: 2019-02-19
Total Pages: 302
ISBN-13: 9004391541
DOWNLOAD EBOOKWinner of the 2020 ASIL Lieber prize! In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer analyses the role of these norms (jus cogens norms) in the fight against terrorism. Jus cogens norms protect fundamental values of the international community, are hierarchically superior and non-derogable. The author argues, based on an analysis of the sources of international law, that the prohibition of terrorism has become the jus cogens norm of our time. She further considers the impact of the status of the prohibition of terrorism as a jus cogens norm on other norms of international law relevant in the fight against terrorism, namely the prohibition of torture, the right to a fair trial and the prohibition of the inter-state use of force.
