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Thesis

A critique of the decision of the European Court of Human Rights in Ireland v United Kingdom, and its effect on Article 3 jurisprudence

Abstract:

Article 3 of the European Convention on Human Rights ostensibly provides absolute protection against torture and inhuman or degrading treatment or punishment. Despite what the Court says, this protection is not unqualified. Article 3 now embodies a two-tiered protection, with torture alone attracting a ‘special stigma’. This hierarchical approach is traceable to the seminal decision of Ireland v United Kingdom, and Part A of this thesis demonstrates that it is deeply flawed. The h...

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Research group:
Human Rights
Oxford college:
St Peter's College
Role:
Author

Contributors

Role:
Supervisor
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Funding agency for:
Simonsen, N
Publication date:
2012
Type of award:
MPhil
Level of award:
Masters
Awarding institution:
Oxford University, UK

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