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Non-Refoulement under the European Convention on Human Rights and the UN Convention against Torture

Fanny de Weck

ISBN13: 9789004311480

Published: October 2016

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £166.00

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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).

The 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.

Subjects:: Human Rights and Civil Liberties

Contents:: Preface; Table of Abbreviations and Acronyms; Bibliography; Table of Cases; Non-refoulement cases assessed on the merits; Judgments of the European Court of Human Rights with regard to the principle of non-refoulement under Article 3 ECHR; Decisions on the merits of the UN Committee against Torture with regard to the principle of non-refoulement under Article 3 CAT; Chapter I:; 1. Introduction; 1.1 Introduction; 1.2 Objective, sources and scope of this study; 1.3 Terminology; 1.4 Structure of this study; 2. The European Convention on Human Rights (ECHR); 2.1 Introduction to the Convention system; 2.2 The principle of non-refoulement under Art.; 3 ECHR; 3. The United Nations Convention against Torture (CAT); 3.1 Introduction to the Convention system; 3.2 The Principle of non-refoulement under the CAT; 4. The principle of non-refoulement in the Refugee Convention; 5. The principle of non-refoulement in the ICCPR; 6. The principle of non-refoulement in European Union law; Chapter II: The Individual Complaint Mechanisms in Light of the Non-refoulement Principle; 1. Procedure under Article 34 ECHR; 1.1 The complaint mechanism; 1.2 Interim measures; 1.3 Legal nature, effects and enforcement of judgments; 2. Procedure under Article 22 CAT; 2.1 The complaint mechanism; 2.2 Interim measures; 2.3 Legal nature, effects and enforcement of the decisions; 3. The admissibility of complaints in the context of refoulement; 3.1 Overview of the admissiblity criteria under the ECHR and the CAT; 3.2 A look at issues of particular interest; 3.3 Concluding remarks: the Court’s filter mechanism; Chapter III: The Nature of the Harm Triggering the Application of the Non-refoulement Principle under the ECHR and the CAT; 1. Introduction: The harm risked and the act prohibited by the prohibition on refoulement; 2. The scope of Article 3 ECHR; 2.1 Introduction; 2.2 The nature of the harm; 2.3 The source of the harm; 2.4 Absolute character of the prohibition; 3. The scope of Article 3 CAT; 3.1 Introduction; 3.2 The nature of the harm; 3.3 The source of the harm: Protection against private actors; 3.4 Absolute character of the prohibition; 4. Comparison; 4.1 Introduction; 4.2 The nature of the harm; 4.3 The source of the harm; 4.4 Absolute character of the prohibition on refoulement; Chapter IV: Assessment of Risk; 1. Standard of proof and the role of the actors; 1.1 Court; 1.2 Committee; 1.3 Comparison; 2. Time of the risk assessment; 2.1 Court; 2.2 Committee; 2.3 Comparison; 3. Elements of the risk assessment; 3.1 Fair and effective assessment at national level; 3.2 General human rights situation; 3.3 Personal circumstances; 3.4 Further relevant factors; Chapter V: Summary and Concluding Remarks; 1. Summary; 2. Mutual influence; 3. Persuasiveness and impact of the verdicts; 3.1 Broader impact and power of persuasion; 3.2 Overburden; 4. Concluding remarks; Index.