The United Nations Convention Against Torture

The United Nations Convention Against Torture
Author: Manfred Nowak
Publisher: Oxford University Press, USA
Total Pages: 1649
Release: 2008
Genre: Law
ISBN: 9780199280001

This 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.

Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture

Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture
Author: Fanny De Weck
Publisher: BRILL
Total Pages: 548
Release: 2016-09-27
Genre: Law
ISBN: 9004311491

This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.

The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Author: Eman Hamdan
Publisher: BRILL
Total Pages: 414
Release: 2016-05-23
Genre: Law
ISBN: 9004319395

In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.

Does Torture Prevention Work?

Does Torture Prevention Work?
Author: Richard Carver
Publisher: Oxford University Press
Total Pages: 688
Release: 2016
Genre: Law
ISBN: 1781383308

In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

The Impact of the United Nations Human Rights Treaties on the Domestic Level

The Impact of the United Nations Human Rights Treaties on the Domestic Level
Author: Christof Heyns
Publisher: BRILL
Total Pages: 656
Release: 2021-08-04
Genre: Law
ISBN: 9004480889

The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.

INTERNAT COVENANT CIVIL POL RIGHTS 3E C

INTERNAT COVENANT CIVIL POL RIGHTS 3E C
Author: Sarah Joseph
Publisher: OUP Oxford
Total Pages: 1042
Release: 2013-07-25
Genre: Law
ISBN: 0191650234

Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.