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The book analyses the current state of international law on detention and its alternatives across national laws and policies. It identifies critiques stemming from the perception that international law prioritises procedural safeguards, leaving substantive legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped.
List of contents
- 1: Introduction
- 2: Identifying Deprivations of Liberty
- 3: The Overall Framework on the Prohibition of Arbitrary Detention under International Law
- 4: Detention in the Criminal Justice System
- 5: Security Detention
- 6: Detention of Migrants
- 7: Mental Health and Social Care Detention
- 8: Detention on Grounds of Public Health
- 9: Conclusion: Commonalities and Differences in Detention and Its Alternatives under International Law
About the author
Lorna McGregor is a Professor of International Human Rights Law at the University of Essex. She is the Director of the Human Rights, Big Data and Technology Project (originally funded by the Economic and Social Research Council with £4.7million) and has held positions as the Director of the Essex Human Rights Centre, a Commissioner of the British Equality and Human Rights Commission and a trustee of the AIRE Centre. Her research has been funded by the UK Economic and Social Research Council, the British Academy, the Nuffield Foundation, the Oak Foundation, the UK Foreign and Commonwealth Office and the Federal Department of Foreign Affairs of Switzerland. Prior to becoming an academic, Lorna held positions at REDRESS, the International Bar Association, and the International Centre for Ethnic Studies in Sri Lanka. She holds an LL.B (First Class Honours) from Edinburgh Law School and an LL.M. from Harvard Law School, where she was a Kennedy Memorial Trust Scholar and Henigson Fellow.
Summary
The book analyses the current state of international law on detention and its alternatives across national laws and policies. It identifies critiques stemming from the perception that international law prioritises procedural safeguards, leaving substantive legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped.
Additional text
This is an excellent book, both in its approach and its execution, and one that merits a place on the bookshelf of anyone who wants to think seriously about deprivation of liberty and how its use can be reduced or even abolished.