Title: Defining Torture in International Law: A Critique of the Concept Employed by the European Court of Human Rights
Abstract: The purpose of this article is to critique the concept of torture employed by the European Court of Human Rights. Part I highlights the absolute character of the prohibition against torture and explicates the definition provided by the United Nations Convention against Torture. Part II deconstructs the concept of torture employed by the European Court of Human Rights, concentrating on the standard setting case of Ireland v. United Kingdom.' Asserting that the Court's notion of torture is too narrow, Part III proposes an approach similar to the one employed by the United Nations Human Rights Committee. Ultimately, Part IV emphasizes the need for a less definitive, broader view of the concept of torture, and draws attention to the restrictive nature of the notion currently employed by the Court.
Publication Year: 2003
Publication Date: 2003-12-31
Language: en
Type: article
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Cited By Count: 5
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