Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases
The European Court of Human Rights has developed important procedural protections under Article 3 of the European Convention of Human Rights in the context of removal cases. Alongside the substantive aspects of the Court’s assessment under Article 3, these procedural aspects are crucial for the main...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2022-12-01
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| Series: | Public and Private International Law Bulletin |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/0BA6DCA6B1BC41379BE7AE0A7F6D1B9B |
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| _version_ | 1849313799698382848 |
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| author | Saadet Yüksel |
| author_facet | Saadet Yüksel |
| author_sort | Saadet Yüksel |
| collection | DOAJ |
| description | The European Court of Human Rights has developed important procedural protections under Article 3 of the European Convention of Human Rights in the context of removal cases. Alongside the substantive aspects of the Court’s assessment under Article 3, these procedural aspects are crucial for the maintenance of the absolute character of the prohibition of treatment contrary to Article 3 of the Convention. In tracing the notable evolution of the procedural aspects of Article 3 in removal cases within the Court’s case-law, it is argued that this can be understood by reference to three main phases. The first phase involved the commencement of the Court’s engagement with procedural aspects of Article 3 in the removal context, which established foundations within the jurisprudence for procedural protections in this area. During the second phase, the Court harnessed M.S.S. v. Belgium and Greece to robustly adopt a multi-dimensional and structural approach towards procedural protections under Article 3 in cases concerning removal. Finally, the most recent and third phase of this evolution has witnessed the application of the developed jurisprudence to contemporary issues and contexts, which underline emerging areas of the case-law. |
| format | Article |
| id | doaj-art-593261e75c2b48d98ae7efd52bfaf699 |
| institution | Kabale University |
| issn | 2667-4114 |
| language | English |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-593261e75c2b48d98ae7efd52bfaf6992025-08-20T03:52:39ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142022-12-0142277779010.26650/ppil.2022.42.2.011001123456Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal CasesSaadet Yükselhttps://orcid.org/0000-0002-9454-4740The European Court of Human Rights has developed important procedural protections under Article 3 of the European Convention of Human Rights in the context of removal cases. Alongside the substantive aspects of the Court’s assessment under Article 3, these procedural aspects are crucial for the maintenance of the absolute character of the prohibition of treatment contrary to Article 3 of the Convention. In tracing the notable evolution of the procedural aspects of Article 3 in removal cases within the Court’s case-law, it is argued that this can be understood by reference to three main phases. The first phase involved the commencement of the Court’s engagement with procedural aspects of Article 3 in the removal context, which established foundations within the jurisprudence for procedural protections in this area. During the second phase, the Court harnessed M.S.S. v. Belgium and Greece to robustly adopt a multi-dimensional and structural approach towards procedural protections under Article 3 in cases concerning removal. Finally, the most recent and third phase of this evolution has witnessed the application of the developed jurisprudence to contemporary issues and contexts, which underline emerging areas of the case-law.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/0BA6DCA6B1BC41379BE7AE0A7F6D1B9Beuropean convention on human rightseuropean court of human rightsarticle 3removal |
| spellingShingle | Saadet Yüksel Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases Public and Private International Law Bulletin european convention on human rights european court of human rights article 3 removal |
| title | Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases |
| title_full | Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases |
| title_fullStr | Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases |
| title_full_unstemmed | Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases |
| title_short | Procedural aspects of the European Court of Human Right’s Assessment under Article 3 of the European Convention on Human Rights in Removal Cases |
| title_sort | procedural aspects of the european court of human right s assessment under article 3 of the european convention on human rights in removal cases |
| topic | european convention on human rights european court of human rights article 3 removal |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/0BA6DCA6B1BC41379BE7AE0A7F6D1B9B |
| work_keys_str_mv | AT saadetyuksel proceduralaspectsoftheeuropeancourtofhumanrightsassessmentunderarticle3oftheeuropeanconventiononhumanrightsinremovalcases |