![]() ![]() There is also a duty to carry out an investigation ( Sevtap Vezenedaroglu v Turkey ).Īrticle 3 is a living instrument. ![]() As a result, the UK amended the law relating to chastisement with the Children Act 2004. The European Court of Human Rights (ECtHR) believed that the current law provided inadequate protection to children suffering from different types of degrading punishment. In the case of A v UK the law in the United Kingdom on lawful chastisement of children was held to breach Article 3. There is a positive obligation on states to take action to ensure that individuals are protected from torture, inhuman or degrading treatment or punishment. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest.Īrticle 15(2) of the European Convention on Human Rights makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation. An absolute right Īrticle 3 is an absolute right. No one shall be subjected to torture or to inhuman or degrading treatment or punishment. ![]() Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". ![]()
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