Shaping Rights in the ECHR

Shaping Rights in the ECHR
Author: Eva Brems
Publisher: Cambridge University Press
Total Pages: 379
Release: 2014-01-23
Genre: Political Science
ISBN: 1107729696

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.

The Death Penalty as Torture

The Death Penalty as Torture
Author: John D. Bessler
Publisher:
Total Pages: 0
Release: 2017
Genre: Capital punishment
ISBN: 9781611639261

The Death Penalty as Torture: From the Dark Ages to Abolition was named a Bronze Medalist in the World History category of the Independent Publisher Book Awards and a finalist in the Eric Hoffer Book Awards (2018). During the Dark Ages and the Renaissance, Europe's monarchs often resorted to torture and executions. The pain inflicted by instruments of torture--from the thumbscrew and the rack to the Inquisition's tools of torment--was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English "Bloody Code" made more than 200 crimes punishable by death, and judicial torture--expressly authorized by law and used to extract confessions--permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria--the father of the world's anti-death penalty movement--condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of "lawful sanctions," some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which "mock" or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries--one of the products of the Enlightenment--now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty's use.

The Torture Debate in America

The Torture Debate in America
Author: Karen J. Greenberg
Publisher: Cambridge University Press
Total Pages: 440
Release: 2005-11-21
Genre: Law
ISBN: 9781139447034

As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.

The Prohibition of Torture in Exceptional Circumstances

The Prohibition of Torture in Exceptional Circumstances
Author: Michelle Farrell
Publisher: Cambridge University Press
Total Pages: 295
Release: 2013-08-29
Genre: Law
ISBN: 110703079X

This book reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.

The Absolute Violation

The Absolute Violation
Author: Richard S. Matthews
Publisher: McGill-Queen's Press - MQUP
Total Pages: 335
Release: 2008-07-24
Genre: Philosophy
ISBN: 0773578285

Richard Matthews challenges the increasing acceptability of state-sponsored torture interrogation, repudiating any possible justifications. He confronts its various supporters - ticking time bomb and tragic choice theorists, utilitarians, legal scholars - and draws from philosophy, medicine, psychiatry, survivor and torturer narratives, history, feminism, the experience of working intelligence officials, anthropology, and game theory to illustrate that no moral justification for torture can be supported.

Understanding Torture

Understanding Torture
Author: J. Jeremy Wisnewski
Publisher: Edinburgh University Press
Total Pages: 289
Release: 2010-09-13
Genre: Philosophy
ISBN: 074868672X

Understanding Torture surveys the massive literature surrounding torture, arguing that, once properly understood, there can be no defense of torture in any circumstances.

Torture and Its Definition in International Law

Torture and Its Definition in International Law
Author: Metin Baolu
Publisher: Oxford University Press
Total Pages: 571
Release: 2017
Genre: Law
ISBN: 0199374627

This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.

Courting Gender Justice

Courting Gender Justice
Author: Lisa McIntosh Sundstrom
Publisher: Oxford University Press
Total Pages: 424
Release: 2019-02-01
Genre: Law
ISBN: 0190932856

Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.

My Absolute Darling

My Absolute Darling
Author: Gabriel Tallent
Publisher: Penguin
Total Pages: 434
Release: 2017-08-29
Genre: Fiction
ISBN: 0735211191

INSTANT NEW YORK TIMES BESTSELLER LA TIMES BOOK PRIZE FINALIST NBCC JOHN LEONARD PRIZE FINALIST ONE OF THE NEW YORK TIMES'S MOST NOTABLE BOOKS OF 2017 ONE OF THE WASHINGTON POST’S MOST NOTABLE BOOKS OF 2017 ONE OF NPR’S ‘GREAT READS’ OF 2017 A USA TODAY BEST BOOK OF THE YEAR AN AMAZON.COM BEST BOOK OF THE YEAR A BUSINESS INSIDER BEST BOOK OF THE YEAR "Impossible to put down." —NPR "A novel that readers will gulp down, gasping.” —The Washington Post "The word 'masterpiece' has been cheapened by too many blurbs, but My Absolute Darling absolutely is one." —Stephen King A brilliant and immersive, all-consuming read about one fourteen-year-old girl's heart-stopping fight for her own soul. Turtle Alveston is a survivor. At fourteen, she roams the woods along the northern California coast. The creeks, tide pools, and rocky islands are her haunts and her hiding grounds, and she is known to wander for miles. But while her physical world is expansive, her personal one is small and treacherous: Turtle has grown up isolated since the death of her mother, in the thrall of her tortured and charismatic father, Martin. Her social existence is confined to the middle school (where she fends off the interest of anyone, student or teacher, who might penetrate her shell) and to her life with her father. Then Turtle meets Jacob, a high-school boy who tells jokes, lives in a big clean house, and looks at Turtle as if she is the sunrise. And for the first time, the larger world begins to come into focus: her life with Martin is neither safe nor sustainable. Motivated by her first experience with real friendship and a teenage crush, Turtle starts to imagine escape, using the very survival skills her father devoted himself to teaching her. What follows is a harrowing story of bravery and redemption. With Turtle's escalating acts of physical and emotional courage, the reader watches, heart in throat, as this teenage girl struggles to become her own hero—and in the process, becomes ours as well. Shot through with striking language in a fierce natural setting, My Absolute Darling is an urgently told, profoundly moving read that marks the debut of an extraordinary new writer.