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

Human Rights

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

By Fanny de Weck
Brill Nijhoff October 2016

Specifications

ISBN-13
9789004311480
Publisher
Brill Nijhoff
Publication
October 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

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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