Strathprints Home | Open Access | Browse | Search | User area | Copyright | Help | Library Home | SUPrimo

Degradation : a human rights law perspective

Webster, Elaine (2010) Degradation : a human rights law perspective. In: Humiliation, Degradation, Dehumanization. Library of ethics and applied philosophy . Springer, London, pp. 67-84. ISBN 9789048196609

Full text not available in this repository. (Request a copy from the Strathclyde author)

Abstract

This chapter focuses on a number of common questions relating to the concept of degradation, against the backdrop of that concept as it has developed in the jurisprudence of the European Convention on Human Rights, specifically in relation to the prohibition of degrading treatment within Article 3. The prohibition of torture and, inhuman or degrading treatment or punishment is commonly understood, and is expressed in case-law, as having an intimate connection with the concept of human dignity, the language of which underpins the modern human rights regime. The basic structure of the Article 3 understanding of degradation is outlined, alongside examples of its practical application, in order to highlight significant conceptual relationships. Questions concerning the significance of the individual emotion of degradation, the relevance of autonomy in understanding degradation, and the relevance of the idea of social dignity can be illuminated by a contextualized discussion of the jurisprudence. It is suggested in this respect that the scope of what can be understood as degradation is not limited primarily by the victim’s emotional experience, that the jurisprudence draws our attention to one particular facet of autonomy, and that the essence of the concept of degradation is helpfully captured in the idea of abuse of equal rank.

Item type: Book Section
ID code: 27121
Notes: e-isbn: 9789048196616
Keywords: human being, violated, dignity, torture , poverty , rape, exclusion, human dignity, degradation, Article 3, human rights, Law of the United Kingdom and Ireland, Europe, Law of Nations, Law (General)
Subjects: Law > Law of the United Kingdom and Ireland
Law > Europe
Law > Law of Nations
Law > Law (General)
Department: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
Related URLs:
Depositing user: Mr Stewart Smith
Date Deposited: 27 May 2011 12:46
Last modified: 09 Aug 2013 15:08
URI: http://strathprints.strath.ac.uk/id/eprint/27121

Actions (login required)

View Item