Non-refoulement under the European Convention on Human Rights and the UN Convention Against Torture : the assessment of individual complaints by the European Court of Human Rights under Article 3 ECHR and the United Nations Committee Against Torture under Article 3 CAT / by Fanny de Weck.
2017
KZ6530 .D4 2017 (Map It)
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Author
Title
Non-refoulement under the European Convention on Human Rights and the UN Convention Against Torture : the assessment of individual complaints by the European Court of Human Rights under Article 3 ECHR and the United Nations Committee Against Torture under Article 3 CAT / by Fanny de Weck.
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Call Number
KZ6530 .D4 2017
ISBN
9789004311480 (hardback ; alk. paper)
9004311483 (hardback ; alk. paper)
9789004311497 (e-book)
9004311483 (hardback ; alk. paper)
9789004311497 (e-book)
Description
xlviii, 500 pages ; 25 cm.
System Control No.
(OCoLC)953708978
Summary
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). 00The 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.
Note
Based on the author's thesis (Dr. iur -- Universität Luzern, 2014).
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). 00The 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.
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). 00The 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.
Bibliography, etc. Note
Includes bibliographical references (pages 491-496) and index.
Available in Other Form
Online version: De Weck, Fanny. Non-refoulement under the European Convention on Human Rights and the UN Convention Against Torture. Leiden ; Boston : Brill Nijhoff, 2017 9789004311497 (DLC) 2016043015
Record Appears in
Table of Contents
Preface
xi
Table of Abbreviations and Acronyms
xii
Table of Cases
xiii
Non-refoulement Cases Assessed on the Merits
xxxii
Judgments of the European Court of Human Rights with Regard to the Principle of Non-refoulement under Article 3 ECHR
xxxii
Decisions on the Merits of the UN Committee against Torture with Regard to the Principle of Non-refoulement under Article 3 CAT
xxxix
General Comment No. 01: Implementation of Article 3 of the Convention in the Context of Article 22 CAT (21 November 1997)
xlvi
1.
Introduction
1
1.1.
Introduction
1
1.2.
Objective, Sources and Scope of This Study
3
1.3.
Terminology
8
1.4.
Structure of This Study
11
2.
European Convention on Human Rights (ECHR)
12
2.1.
Introduction to the Convention System
12
2.2.
Principle of Non-refoulement under Art. 3 ECHR
17
3.
United Nations Convention against Torture (CAT)
33
3.1.
Introduction to the Convention System
33
3.2.
Principle of Non-refoulement under the CAT
40
4.
Principle of Non-refoulement in the Refugee Convention
44
5.
Principle of Non-refoulement in the ICCPR
48
6.
Principle of Non-refoulement in European Union Law
55
2.
Individual Complaint Mechanisms in Light of the Non-refoulement Principle
61
1.
Procedure under Article 34 ECHR
61
1.1.
Complaint Mechanism
61
1.2.
Interim Measures
66
1.3.
Legal Nature, Effects and Enforcement of Judgments
74
2.
Procedure under Article 22 CAT
79
2.1.
Complain! Mechanism
79
2.2.
Interim Measures
82
2.3.
Legal Nature, Effects and Enforcement of the Decisions
88
3.
Admissibility of Complaints in the Context of Refoulement
95
3.1.
Overview of the Admissiblity Criteria under the ECHR and the CAT
95
3.2.
Look at Issues of Particular Interest
97
3.3.
Concluding Remarks: The Court's Filter Mechanism
135
3.
Nature of the Harm Triggering the Application of the Non-refoulement Principle under the ECHR and the CAT
137
1.
Introduction: The Harm Risked and the Act Prohibited by the Prohibition on Refoulement
137
2.
Scope of Article 3 ECHR
138
2.1.
Introduction
138
2.2.
Nature of the Harm
140
2.3.
Source of the Harm
164
2.4.
Absolute Character of the Prohibition
190
3.
Scope of Article 3 CAT
194
3.1.
Introduction
194
3.2.
Nature of the Harm
195
3.3.
Source of the Harm: Protection against Private Actors
206
3.4.
Absolute Character of the Prohibition
215
4.
Comparison
216
4.1.
Introduction
216
4.2.
Nature of the Harm
216
4.3.
Source of the Harm
225
4.4.
Absolute Character of the Prohibition on Refoulement
229
4.
Assessment of Risk
232
1.
Standard of Proof and the Role of the Actors
233
1.1.
Court
233
1.2.
Committee
243
1.3.
Comparison
252
2.
Time of the Risk Assessment
259
2.1.
Court
260
2.2.
Committee
263
2.3.
Comparison
267
3.
Elements of the Risk Assessment
270
3.1.
Fair and Effective Assessment at National Level
270
3.2.
General Human Rights Situation
298
3.3.
Personal Circumstances
349
3.4.
Further Relevant Factors
402
3.4.1.
Internal Flight Alternative
402
3.4.2.
Diplomatic Assurances
416
3.4.3.
Risk of Indirect Refoulement
435
5.
Summary and Concluding Remarks
451
1.
Summary
451
2.
Mutual Influence
472
3.
Persuasiveness and Impact of the Verdicts
477
3.1.
Broader Impact and Power of Persuasion
477
3.2.
Overburden
484
4.
Concluding Remarks
487
Bibliography
491
Index
497