The Prohibition of Torture in Exceptional Circumstances
The Prohibition of Torture in Exceptional Circumstances

Author: Michelle Farrell

Publisher: Cambridge University Press

Published: 2013-08-29

Total Pages: 295

ISBN-13: 1107292476

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Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture.

Shaping Rights in the ECHR
Shaping Rights in the ECHR

Author: Eva Brems

Publisher: Cambridge University Press

Published: 2014-01-23

Total Pages: 379

ISBN-13: 1107729696

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In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Research Handbook on Torture
Research Handbook on Torture

Author: Malcolm D. Evans

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 608

ISBN-13: 1788113969

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This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.

Liberal Democracies and the Torture of Their Citizens
Liberal Democracies and the Torture of Their Citizens

Author: Cynthia Banham

Publisher: Bloomsbury Publishing

Published: 2017-02-09

Total Pages: 271

ISBN-13: 1509906827

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This book analyses and compares how the USA's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate or support the Bush Administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the War on Terror, were tortured. How states responded to citizens' human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and political opportunities.

Monitoring State Compliance with the UN Convention on the Rights of the Child
Monitoring State Compliance with the UN Convention on the Rights of the Child

Author: Ziba Vaghri

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 429

ISBN-13: 3030846474

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This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.