RT Article
T1 Interpretation of the prohibition of torture: making sense of 'dignity' talk
JF Human rights review
VO 17
IS 3
SP 371
OP 390
A1 Webster, Elaine
LA English
YR 2016
UL https://krimdok.uni-tuebingen.de/Record/867132051
AB The right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment is invariably associated with ‘human dignity’. The idea of dignity plays some role in this right’s interpretation, although the content of the idea in this context, as in others, is unclear. Making sense of the dignity idea involves a number of challenges. These challenges give rise to the methodological-type question at the heart of this article: how should human rights lawyers go about articulating the content of ‘dignity’? The article proposes, and models, a methodological approach in response. Its core argument is that human rights law needs the vocabulary provided by theorizations of dignity but that these theorizations should be anchored in authoritative human rights jurisprudence. It argues that this approach can help make sense of the dignity idea in a way that facilitates a richer understanding of its influence on interpretation.
NO Literaturverzeichnis: Seite 387-390
K1 Dignity
K1 Torture
K1 Inhuman treatment
K1 Degrading treatment
K1 Interpretation
DO 10.1007/s12142-016-0405-7