e-lawresources
Providing resources for studying law
Custom Search
   Home      Human Rights      Art 3 ECHR Torture

Article 3 European Convention on Human Rights - Prohibition of torture

 
 
Article 3 

"No one shall be subjected to torture or to inhuman or degrading treatment or punishment"


The prohibition under Art 3 is absolute; according to Art 15, Art 3 is non-derogable also there are no lawful justifications that can be invoked by the state to justify a breach.

There is a minimum level of severity as to what is in the scope of Art 3 which depends on the circumstances of the case

Ireland v UK [1978]  ECHR 1    Case summary

Case examples involving Art 3:

Failure to provide adequate health care in prison amounted to inhuman and degrading treatment:

McGlinchey v United Kingdom [2003] ECHR 211  Case summary

Ciorap v Moldova [2010] ECHR 1138     Case summary

Art 3 imposes a positive duty on the state  to prevent violation inflicted by others:



Deportation of an HIV patient to a country which did not have adequate medical provision was held to be a breach of Art 3:

D v UK [1997] ECHR 25 Case summary

Art 3 protects individuals from deportation where there are substantial grounds for believing there is a real risk that they would be subjected to torture or inhuman or degrading treatment or punishment:

 
 
Soering v UK [1989] ECHR 14   Case summary

Chahal v UK [1996] ECHR 54  Case summary

Saadi v Italy [2008] ECHR 179    Case summary


This includes indirect return to one's country of origin:

TI v UK [2000] ECHR 705     Case summary


The law on lawful chastisement of a child was held to breach Art 3

A v UK [1998] ECHR 85           Case summary