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Does Absolute Still Mean Absolute?—The Saadi v. Italy Judgment Of The European Court Of Human Rights

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Chapter Summary

This chapter is prompted by the recent judgment of the European Court of Human Rights in the Saadi v. Italy case, which makes a significant contribution to the renewed debate on limiting the scope of human rights protection and is thus of utmost importance for the protection of human rights. Much has already been said on the issues that are at stake here. Human rights form an integrated system for the protection of human dignity, and the founding principles underlying all Convention rights and values also guide its case law in cases relating to terrorist activities. Although being a clear and firm restatement of the absolute nature of the prohibition of ill-treatment, the Saadi v. Italy judgment at the same time does not prevent States from protecting and defending society, its democratic institutions and the lives of individuals within the States' jurisdiction against terrorism.

Keywords: European Court; Human rights; Saadi v. Italy judgment

10.1163/ej.9789004181823.i-614.134
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