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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 Nijhoff
ISBN: 9789004311480
Published In: October 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,327.50

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Description
Contents

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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.

Preface

Table of Abbreviations and Acronyms

Bibliography

Table of Cases

Non-refoulement cases assessed on the merits

Judgments of the European Court of Human Rights with regard to the principle of non-refoulement under Article 3 ECHR

Decisions on the merits of the UN Committee against Torture with regard to the principle of non-refoulement under Article 3 CAT

Chapter I:

1. Introduction

1.1 Introduction

1.2 Objective, sources and scope of this study

1.3 Terminology

1.4 Structure of this study

2. The European Convention on Human Rights (ECHR)

2.1 Introduction to the Convention system

2.2 The principle of non-refoulement under Art.

3 ECHR

3. The United Nations Convention against Torture (CAT)

3.1 Introduction to the Convention system

3.2 The Principle of non-refoulement under the CAT

4. The principle of non-refoulement in the Refugee Convention

5. The principle of non-refoulement in the ICCPR

6. The principle of non-refoulement in European Union law

Chapter II: The Individual Complaint Mechanisms in Light of the Non-refoulement Principle

1. Procedure under Article 34 ECHR

1.1 The complaint mechanism

1.2 Interim measures

1.3 Legal nature, effects and enforcement of judgments

2. Procedure under Article 22 CAT

2.1 The complaint mechanism

2.2 Interim measures

2.3 Legal nature, effects and enforcement of the decisions

3. The admissibility of complaints in the context of refoulement

3.1 Overview of the admissiblity criteria under the ECHR and the CAT

3.2 A look at issues of particular interest

3.3 Concluding remarks: the Court’s filter mechanism

Chapter III: The Nature of the Harm Triggering the Application of the Non-refoulement Principle under the ECHR and the CAT

1. Introduction: The harm risked and the act prohibited by the prohibition on refoulement

2. The scope of Article 3 ECHR

2.1 Introduction

2.2 The nature of the harm

2.3 The source of the harm

2.4 Absolute character of the prohibition

3. The scope of Article 3 CAT

3.1 Introduction

3.2 The nature of the harm

3.3 The source of the harm: Protection against private actors

3.4 Absolute character of the prohibition

4. Comparison

4.1 Introduction

4.2 The nature of the harm

4.3 The source of the harm

4.4 Absolute character of the prohibition on refoulement

Chapter IV: Assessment of Risk

1. Standard of proof and the role of the actors

1.1 Court

1.2 Committee

1.3 Comparison

2. Time of the risk assessment

2.1 Court

2.2 Committee

2.3 Comparison

3. Elements of the risk assessment

3.1 Fair and effective assessment at national level

3.2 General human rights situation

3.3 Personal circumstances

3.4 Further relevant factors

Chapter V: Summary and Concluding Remarks

1. Summary

2. Mutual influence

3. Persuasiveness and impact of the verdicts

3.1 Broader impact and power of persuasion

3.2 Overburden

4. Concluding remarks

Index.

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