CEU Electronic Theses and Dissertations, 2014
| Author | Ghelen, Yannick |
|---|---|
| Title | Eroding the Absolute Character of the Principle of Non-Refoulement? A Comparative Study of the Use of Diplomatic Assurances Against Torture |
| Summary | The present thesis analyses whether and how instances of state practice regarding diplomatic assurances against torture have had an eroding effect on the principle of non-refoulement, and this through a comparative analysis of three different jurisdictions, building on primary and secondary sources. This detailed review and analysis of jurisprudence at international level (the UN Human Rights Committee, the UN Committee Against Torture), at regional level (the European Court of Human Rights) and at national level (the United Kingdom) has allowed to draw certain conclusions with regard to such a potential clash of diplomatic assurances with the principle of non-refoulement. While the present case-law of relevant international human rights bodies did not really reveal such a trend, the impressive jurisprudence at both the level of European Court of Human Rights and before the UK courts points towards the fact that diplomatic assurances against torture have become a ‘hot issue’. Crucially, none of the jurisdictions analysed have principally outlawed or labeled the use of these assurances as illegal. The widened use of diplomatic assurances against torture and ill-treatment, the implicit tolerance of these assurances by the human rights bodies analysed, and their attempts to ‘regulate’ rather than outlaw these diplomatic undertakings, do appear to a certain extent to have an eroding effect on the absolute and non-derogable character of the principle of non-refoulement. However, it remains to be seen whether this controversial issue will continue to be addressed by the judiciary along the same lines in the future, or whether a strong affirmative stance of the obligation not to refoule will become visible in subsequent judicial decisions of these mechanisms. |
| Supervisor | Steinorth, Charlotte |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2014/ghelen_yannick.pdf |
Visit the CEU Library.
© 2007-2021, Central European University