1. The court redefines torture in Europe; 2. The conditions for audacity; 3. Inside the court: its trade-offs and zone of discretion; 4. Mapping out norm change; 5. From compromise to absolutism? Gradual transformation under the old court's watch; 6. New court, new thresholds, new obligations; 7. Change unopposed: the court's embrace of positive obligations; 8. Legal change in times of backlash; 9. Conclusion; 10. Bibliography.
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
Ezgi Yildiz is an Assistant Professor at California State University, Long Beach, and a Research Associate at the Geneva Graduate Institute. She is a member of the Expert Group for the EU's Anti-Torture Regulation and the Coordinating Committee of ESIL's Interest Group on Social Sciences and International Law.
'Between Forbearance and Audacity meticulously explains how and why
the European Court of Human Rights has expanded the prohibition on
torture from a narrow negative interpretation that bans government
agents from using torture during interrogations to a broader
understanding that includes positive government obligations to
prevent torture and protect victims in multiple contexts, such as
domestic abuse and medical settings. However, the Court has not
always followed an expansive approach. Using in depth interviews
and a systematic content analysis, Yildiz demonstrates that
pushback from Western European governments has at times curtailed
the Court, such as on cases involving refugees. Deeply rooted in
both law and political science, this is a masterful book that
should be of interest to those interested in human rights,
international courts, and the development of international legal
norms.' Erik Voeten, Peter F. Krogh Professor of Geopolitics and
Justice in World Affairs, Edmund E. Walsh School of Foreign Service
and Government Department, Georgetown University
'Ezgi Yildiz's carefully researched book is the crucial text on
changing norms of torture and inhumane and degrading treatment. But
it also offers the most impressive evidence to date of how human
rights can evolve through the audacious interpretations of a
court.' Kathryn Sikkink, Ryan Family Professor, Kennedy School of
Government, Harvard University
'Between Forbearance and Audacity tells the story of how the
European Court of Human Rights has developed the norm against
torture over the past five decades. It shows how courts are always
situated in history and that the development of the law necessarily
has to be tailored to the constraints that courts face at given
moments of time. This is neither an optimistic nor pessimistic
account of the European Court of Human Rights; it is realistic
account that considers all the complexity of making torture illegal
in Europe.' Mikael Rask Madsen, Professor and Director of iCourts,
Faculty of Law, University of Copenhagen
'Between Forbearance and Audacity is an insightful and ambitious
analysis of how the European Court of Human Rights has transformed
the norm against torture and renegotiated its own position in the
process. This book brings together rich empirical analyses and a
novel conceptual framework to advance the current thinking about
how human rights courts work and how they respond to pressure from
member states and beyond. This is a must-read for anyone interested
in understanding how international human rights courts shape, and
are shaped by, evolving human rights norms.' Courtney Hillebrecht,
Professor of Political Science, University of Nebraska-Lincoln
'In Between Forbearance and Audacity, Ezgi Yildiz chronicles and
explains an international legal revolution, in which the European
Court of Human Rights expanded the meaning of torture and the
responsibility of states to prevent it. Drawing on a range of
quantitative, qualitative, and interpretive methods, Yildiz
provides the definitive account of the transformation of the
anti-torture law in Europe. Essential reading for political
scientists, lawyers, and anyone who wants to understand the
conditions for the protection of human rights around the world.'
Mark Pollack, Professor of Political Science and Law, Temple
University
Ask a Question About this Product More... |