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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: Lutz Oette
Publisher: Oxford University Press
Published: 2024-07-04
Total Pages: 369
ISBN-13: 0198885776
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: 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: 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: Rachel Murray
Publisher: OUP Oxford
Published: 2011-08-11
Total Pages: 1224
ISBN-13: 0191018449
DOWNLOAD EBOOKThe Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.
Author: Richard Carver
Publisher: Liverpool University Press
Published: 2016-07-01
Total Pages: 502
ISBN-13: 1781388687
DOWNLOAD EBOOKThe first systematic analysis of the effectiveness of torture prevention.
Author: Alejandro Fuentes
Publisher: Pretoria University Law Press
Published: 2024-02-26
Total Pages: 315
ISBN-13:
DOWNLOAD EBOOKThe collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.
Author: Kay Wilson
Publisher: Oxford University Press
Published: 2021-06-08
Total Pages: 256
ISBN-13: 0192654950
DOWNLOAD EBOOKThe debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.
Author: Robin May Schott
Publisher: Museum Tusculanum Press
Published: 2007
Total Pages: 232
ISBN-13: 9788763505031
DOWNLOAD EBOOKThis anthology is inspired by the conviction that the big questions of human existence, including matters of love and hate, responsibility and war, matter to us both as individuals and as citizens of a global order. Hence, these questions ought to matter to philosophers as well. In exploring these questions, the authors follow the ethical turn in philosophy, which transgresses the boundaries between philosophical thought and empirical existence, as well as between philosophy and other disciplines. The central themes of the anthology focus on the relation between self and other, between ambiguity and ambivalence, and between the problem of evil and responses to it. The authors discuss these themes in relation to concrete issues in the present, including colonialism, immigration and national policies towards refugees, the Palestinian-Israeli conflict, genocide, and mass rape. The contributors to this anthology, who come from a variety of national backgrounds, work in the fields of philosophy, psychology, and Holocaust studies.
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.
