CEU Electronic Theses and Dissertations, 2009
| Author | Muntean, Liana Norica |
|---|---|
| Title | COMPARATIVE ANALYSIS OF THE PROHIBITION OF TORTURE IN THE CASE LAW OF THE U.S. SUPREME COURT AND OF THE ECtHR |
| Summary | The right to freedom from torture and inhuman treatment is enshrined by international conventions on human rights as one of the fundamental standards of democratic societies. With due regard to the above statement, this thesis will focus on a comparative analysis of the prohibition of torture and inhuman treatment in the case law of the U.S. Supreme Court and of the European Court of Human Rights. The thesis will consider, from a comparative perspective, the two main legal provisions, the Eighth Amendment of the U.S. Bill of Rights and Article 3 of the European Convention on Human Rights, the standards used by the two courts in determining infringements of this absolute right and the elements specific to each case law. Ultimately, the scope of this analysis is to determine the strengths and weaknesses of the two systems. |
| Supervisor | Bard, Karoly |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/muntean_liana.pdf |
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