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

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

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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.

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