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

Human Rights

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

By Eman Hamdan
Brill Nijhoff June 2016

Specifications

ISBN-13
9789004319387
Publisher
Brill Nijhoff
Publication
June 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

Acknowledgements
List of Abbreviations
Introduction
I Setting of the Problem
II Purpose and Context of the Study
III Structure of the Book
Chapter I The Principle of Non-Refoulement under the ECHR and the CAT
Section 1 The Protection of Refoulement under the ECHR and the CAT
Section 2 The Nature of the Principle of Non-Refoulement
Section 3 The Scope of the Protection of Refoulement under the ECHR and the CAT
Chapter II The Content of the Principle of Non-Refoulement
Section 1 The Treatment from Which the Person is Protected
Section 2 The Prohibited Conduct under the Principle of Non-Refoulement
Chapter III The Individual Complaints Procedures in the Context of Non-Refoulement Allegations
Section 1 Interim Measures
Section 2 Admissibility Criteria
Section 3 Standard and Burden of Proof
Chapter IV Assessment of the Risk of Being Subjected to Ill-treatment
Section 1 The Time of the Risk Assessment
Section 2 The Assessment of Evidence
Section 3 Factors Used to Assess the Risk
Section 4 The National Protection Arguments and their Effects on the Risk Assessment
Chapter V Summary of the Conclusions
Bibliography
Index.
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