Farrell, Michelle ORCID: 0000-0001-6023-638X
(2022)
The Marks of Civilisation: The Special Stigma of Torture.
HUMAN RIGHTS LAW REVIEW, 22 (1).
Text
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Abstract
<jats:title>Abstract</jats:title> <jats:p>The European Court of Human Rights attached a special stigma to torture in Ireland v United Kingdom, in its interpretation of the distinction between torture and other forms of ill-treatment. The concept is now central to the European Court’s description of torture under article 3 of the European Convention on Human Rights. It is, I argue, significant that the Court reached for this particular phrase. I consider the special stigma as a parapraxis facilitating a reading of the Court’s ‘unconscious text’. I connect the power to stigmatise with torture to explore the special stigma’s figurative, material and theological implications. Stigma, with its multi-layered meaning and its deep connections to torture, is useful in working out how Western powers generated their self-images as civilised whilst persisting with practices of torture. With the special stigma, the European Court rehabilitated the civilising standard and resurrected the historic association between torture and stigma.</jats:p>
Item Type: | Article |
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Additional Information: | Source info: 2022 22(1) Human Rights Law Review |
Uncontrolled Keywords: | torture, special stigma, article 3, civilisation, political theology |
Divisions: | Faculty of Humanities and Social Sciences > School of Law and Social Justice |
Depositing User: | Symplectic Admin |
Date Deposited: | 15 Nov 2021 08:21 |
Last Modified: | 11 Dec 2023 02:30 |
DOI: | 10.1093/hrlr/ngab029 |
Related URLs: | |
URI: | https://livrepository.liverpool.ac.uk/id/eprint/3143106 |