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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
Research group:
Human Rights
Oxford college:
St Peter's College
Department:
Social Sciences Division - Faculty of Law

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Role:
Supervisor
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Funding agency for:
Natasha Jane Simonsen
Publication date:
2012
Type of award:
MPhil
Level of award:
Masters
Awarding institution:
Oxford University, UK
URN:
uuid:15749b05-60e9-4057-a21c-f330085839e9
Local pid:
ora:10245

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