5
views
0
recommends
+1 Recommend
0 collections
    0
    shares
      • Record: found
      • Abstract: found
      • Article: not found

      The Marks of Civilisation: The Special Stigma of Torture

      Human Rights Law Review
      Oxford University Press (OUP)

      Read this article at

      ScienceOpenPublisher
      Bookmark
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          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.

          Related collections

          Author and article information

          Contributors
          (View ORCID Profile)
          Journal
          Human Rights Law Review
          Oxford University Press (OUP)
          1461-7781
          1744-1021
          March 2022
          January 06 2022
          December 11 2021
          March 2022
          January 06 2022
          December 11 2021
          : 22
          : 1
          Article
          10.1093/hrlr/ngab029
          5bf13ea1-b934-4aa6-8633-7874e3461125
          © 2021

          https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model

          History

          Comments

          Comment on this article