Is the Prohibition against Torture, Cruel, Inhuman and Degrading Treatment Really 'Absolute' in International Human Rights Law? A Reply to Graffin and Mavronicola. (8th May 2018)

• Record Type: Journal Article
• Authors: Greer, Steven
• Is Part Of: Human rights law review. Volume 18:Number 2(2018)
• Page Start: 297
• Page End: 307
• Publication Date: 2018-05-08
• Subjects: international human rights law -- 'absolute' -- prohibition of torture -- cruel -- inhuman or degrading treatment -- competing 'absolute' -- rights -- Gäfgen v Germany; Human rights -- Periodicals; 341.48105
• DOI: 10.1093/hrlr/ngy013
• Languages: English
• ISSNs: 1461-7781

Abstract

Abstract: In two articles published in this journal, I argued that the prohibition against torture, cruel, inhuman and degrading treatment is not genuinely absolute in international human rights law as almost universally supposed. Neil Graffin and Natasa Mavronicola have recently offered critiques. But each, regrettably, suffers from three fatal defects: most of my arguments are simply ignored, I have already thoroughly explored every single one of those addressed, and their attempts to concede certain elements of my case in order to defend a narrower conception of absoluteness fails. What follows is a brief response to set the record straight.