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The European Conventionon Human Rights And Extradition

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Chapter Summary

Much has been written about the European Convention on Human Rights (ECHR) and extradition following the decision of the European Court of Human Rights (ECtHR) in the Soering case. This chapter seeks to identify how various rights within the Convention may effect the removal of a person from the jurisdiction of a Contracting State. According to the ECtHR, the right to life is an inalienable human attribute and as such is accorded supreme value in the hierarchy of human rights. Discriminatory treatment has been found to infringe Article 3 and extradition to extreme oppressive regimes may therefore be prohibited. ECtHR, however, has established a high threshold for the breach of Article 3 by way of discriminatory treatment. Some provisions of the ECHR specifically allow States a limited right to interfere with the enjoyment of Convention rights in the protection of some public interest or the rights of others.

Keywords: Contracting State; European Convention on Human Rights (ECHR); European Court of Human Rights (ECtHR); Soering case

10.1163/ej.9789004175877.i-594.14
/content/books/10.1163/ej.9789004175877.i-594.14
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