184:), as used against fourteen detainees in Northern Ireland by the United Kingdom, were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture". This was mainly due to the intense mental suffering and feelings of fear and inferiority that such techniques would have caused the suspects.
406:
The Court ruled that sexual intercourse can be classified as non-consensual even in the absence of physical force if the act took place within coercive circumstances. Because
Bulgarian national law required that a victim demonstrate physical resistance to sexual advances made onto them, it was deemed
261:
national, had finished serving time in a UK prison and was awaiting deportation. However, he applied to remain in the UK on the grounds that his medical treatment would not be available upon his return. The ECtHR held that, given this exceptional circumstance, his deportation would violate
Article 3.
221:
Despite such claims, the ECtHR found Budina's case to be inadmissible. Although it agreed that the pension was indeed low, the ECtHR maintained that it was not severe enough to constitute inhumane or degrading treatment under
Article 3. Nevertheless, the ECtHR acknowledged that extreme poverty could,
241:
Judith McGlinchey suffered from heroin withdrawal whilst in prison. It was alleged that the medical staff failed to properly monitor Ms McGlinchey, withheld medication and left her to lie in her vomit. The failure of the prison staff to provide proper medical treatment to an inmate was held to be a
201:
In Budina v. Russia (18 June 2009), the ECtHR exercised a cautious approach to addressing economic and social rights under the ECHR, and highlighted the limits of state obligations under the ECHR regarding social welfare provisions. During the case, Budina argued that her extremely low pension from
225:
This decision highlights the ECtHR's caution in maintaining limits on state social welfare obligations in primarily economic and social contexts. Consequently, it is a significant reference point for understanding how the ECtHR might approach future claims related to economic and social rights,
216:
Article 2 and
Article 45: Highlighting the state's role in protecting human dignity and ensuring that individuals can exercise their rights. Budina's argument implicitly suggested that her low pension undermined her dignity and failed to protect her adequately as mandated by these specific
125:(1997) the Court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back. The ECtHR decided that the techniques used were of "such a serious and cruel nature" that it could only have been described as torture.
300:
and there was substantial evidence that upon his return to India, he would be subjected to treatment contrary to
Article 3. On this basis, the ECtHR held that, as the assurances of Mr Chahal's safety from the Indian government were not convincing, his deportation would violate Article 3.
402:
According to the applicant (a 14 year old
Bulgarian national), two men raped her on July 31st and August 1st, 1995. Bulgarian law enforcement officers, however, could not find sufficient evidence indicating that the applicant was forced into having sex with the two men.They closed their
140:
Inhuman and degrading treatment or punishment can include serious physical violence or psychological abuse. The humiliation of an individual that arouses fear or demonstrates a lack of respect for their human dignity could also be considered degrading for the purposes of
Article 3.
391:
in 2014, the court held unanimously that there had been "a violation of
Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights on account of the lack of an effective investigation into the applicants' allegations of ill-treatment".
442:
333:
906:
417:
In May 2007 the court reiterated the obligation to secure rights and freedoms. States must take measures to prevent ill-treatment, including ill-treatment administered by private individuals. States must also investigate those ill-treatments.
103:
As a consequence of this, the standards of torture, inhuman and degrading treatment or punishment are open to change over time, meaning that certain acts that were not previously considered as torture may now be considered so.
1048:
73:(ECtHR) believed that the current law provided inadequate protection to children suffering from different types of degrading punishment. As a result, the UK amended the law relating to chastisement with the
938:
901:
797:
242:
breach of
Article 3. Similarly, the failure to transfer a prisoner to hospital for treatment and inadequate conditions of prison cells can also amount to a breach of Article 3, as established in
312:
for the murder of his partner's parents, to the USA. It was held that upon his return, Mr
Soering would have been subject to inhuman and degrading treatment or punishment in the form of the '
407:
by the ECHR as being outdated and out of touch with international norms and standards. In short, Bulgaria violated Articles 3 and 8 of the Convention. Damages were awarded to the applicant.
931:
1079:
202:
the Russian state amounted to inhumane and degrading treatment. Budina further argued that the Russian government had failed to meet the following obligations as outlined in the
118:
Torture is the process of causing deliberate and serious physical or mental harm to another individual, usually exercised with the objective of gaining information or punishing.
1069:
1074:
924:
891:
187:
In 2014, after new information was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers, the
316:', whereby a person sentenced to capital punishment suffers years of mental torment awaiting their execution. The UK was accordingly found in breach of Article 3.
343:
makes it a criminal offence for a public officer or professional acting in an official capacity to commit torture or inflict severe pain or suffering on another.
62:
There is a positive obligation on states to take action to ensure that individuals are protected from torture, inhuman or degrading treatment or punishment.
1043:
1038:
1033:
1028:
1023:
1018:
1013:
1008:
1003:
47:
Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest.
998:
993:
988:
983:
978:
973:
963:
958:
370:
455:
kar.kent.ac.uk University of Kent, Kent Academic Repository, "Extending the Reach of Human Rights to Encompass Victims of Rape: M.C. v. Bulgaria"
132:, the ECtHR was of the view that torture incorporates inhuman and degrading treatment but differs in the intensity and suffering inflicted.
339:
Parties may have domestic laws criminalising torture, distinct from general crimes against the person. For example in the UK, s. 134 of the
569:
437:
366:
326:
54:
makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation.
210:
Articles 7 and 39: Establishing the state's duty to ensure social security and a dignified standard of living for its citizens.
203:
833:
285:
an individual to a country where upon their return might be subject to torture, inhuman or degrading treatment or punishment.
875:
947:
51:
21:
226:
especially a growing support for legal combat against job displacement due to automation and inadequate state support.
191:
asked the European Court of Human Rights to review its judgement. In 2018, by six votes to one, the Court declined.
403:
investigation. The applicant then sued the Bulgarian government for damages at the European Court of Human Rights.
513:(1997) 23 EHRR 553. The process was referred to by the Court as "Palestinian hanging" but more commonly known as
362:
70:
369:(with no chance of parole) was in contravention of Article 3 of the European Convention on Human Rights. The
432:
621:
100:
the EctHR articulated this to mean that it "must be interpreted in the light of present-day conditions".
808:
649:"Chapter 1. The Fundamentals of the Constitutional System | The Constitution of the Russian Federation"
916:
605:
555:
427:
340:
262:
The lack of medical facilities in his home country would constitute inhuman and degrading treatment.
156:
868:
Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs
144:
This provision usually applies to cases of severe police violence and poor conditions in detention.
895:
69:
the law in the United Kingdom on lawful chastisement of children was held to breach Article 3. The
443:
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
334:
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
678:"Chapter 2. Rights and Freedoms of Man And Citizen | The Constitution of the Russian Federation"
292:
the United Kingdom had initiated deportation proceedings, for national security reasons, on an
701:
188:
313:
308:
the UK government attempted to extradite a German national, who was wanted by the state of
8:
38:
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
297:
892:
A guide to the implementation of Article 3 of the European Convention on Human Rights
871:
177:
93:
74:
234:
The failure to provide adequate healthcare can amount to a violation of Article 3.
173:
165:
161:
677:
648:
1063:
594:
374:
358:
850:
702:"Automation Taken to Court: A Case for Rising to the Challenge Over Delay"
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voted overwhelmingly in favour of the decision by 16–1, meaning that the
258:
946:
181:
113:
516:
329:
and other cruel or inhuman, degrading treatment or punishment (1987).
282:
798:"Spain should adopt measures to protect persons held incommunicado"
309:
910:
169:
26:
807:. European Court of Human Rights. 7 October 2014. Archived from
270:
135:
454:
293:
377:
was forced to review 49 instances of whole life sentences.
332:
All members of the Council of Europe are also party to the
269:
illustrates that the prevention of access to experimental
254:
1080:
European Court of Human Rights cases involving Bulgaria
570:"British ministers sanctioned torture of NI internees"
222:
in fact, raise questions of concern under Article 3.
29:, and "inhuman or degrading treatment or punishment".
273:
drugs would not amount to a violation of Article 3.
1070:
Article 3 of the European Convention on Human Rights
213:
Article 39: Guaranteeing social security in old age.
80:
There is also a duty to carry out an investigation (
1075:
Articles of the European Convention on Human Rights
948:
Articles of the European Convention on Human Rights
851:
ECHR, 31 May 2007, Case of Šečić v. Croatia, §52-53
595:ECHR revision judgment on application No. 5310/71
1061:
844:
480:Sevtap Veznedaroglu v Turkey 32357/96 ECHR 167
281:A state can breach Article 3 by extraditing or
325:All parties to the ECHR are also party to the
932:
514:
296:citizen. Mr Chahal had associations with the
276:
147:
136:Inhuman or degrading treatment or punishment
865:
229:
939:
925:
438:United Nations Convention Against Torture
327:United Nations Convention against Torture
319:
1062:
204:Constitution of the Russian Federation
57:
920:
828:
826:
706:Oxford Institute of Population Ageing
672:
670:
668:
643:
641:
616:
614:
387:In this case, which ran jointly with
380:
160:(1979–1980) the Court ruled that the
352:
87:
42:
194:
52:European Convention on Human Rights
22:European Convention on Human Rights
13:
859:
823:
665:
638:
611:
559:(1979–1980) 2 EHRR 25 at para 167.
410:
395:
34:Article 3 – Prohibition of torture
14:
1091:
885:
164:developed by the United Kingdom (
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588:
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492:
489:Selmouni v France 29 EHRR 403
483:
474:
462:
363:European Court of Human Rights
347:
71:European Court of Human Rights
1:
448:
182:deprivation of food and drink
82:Sevtap Vezenedaroglu v Turkey
866:Mavronicola, Natasa (2021).
433:Cruel and unusual punishment
389:Etxebarria Caballero v Spain
357:On 9 July 2013, UK prisoner
7:
725:McGlinchey v United Kingdom
533:(1997) 23 EHRR 553 at p144.
421:
239:McGlinchey v United Kingdom
10:
1096:
834:"CASE OF M.C. v. BULGARIA"
111:
107:
954:
870:. Bloomsbury Publishing.
622:"Budina v. Russia (2009)"
556:Ireland v. United Kingdom
428:Climate change litigation
341:Criminal Justice Act 1988
277:Deportation and Article 3
157:Ireland v. United Kingdom
149:Ireland v. United Kingdom
785:Soering v United Kingdom
543:Ireland v United Kingdom
306:Soering v United Kingdom
298:Sikh separatist movement
257:positive man, who was a
230:Healthcare and Article 3
130:Ireland v United Kingdom
773:Chahal v United Kingdom
367:whole life imprisonment
290:Chahal v United Kingdom
907:Permanent link to case
515:
320:Additional protections
40:
16:Prohibition of torture
361:won an appeal to the
265:However, the case of
112:Further information:
50:Article 15(2) of the
31:
761:Hristozov v Bulgaria
501:29 EHRR 403 at p.101
314:death row phenomenon
267:Hristozov v Bulgaria
178:deprivation of sleep
682:www.constitution.ru
653:www.constitution.ru
174:subjection to noise
58:Positive obligation
840:. 4 December 2003.
805:hudoc.echr.coe.int
739:7481/06 ECHR 1138
626:hudoc.echr.coe.int
469:A v United Kingdom
382:Ataun Rojo v Spain
1057:
1056:
877:978-1-5099-0306-1
838:Council of Europe
751:30240/96 ECHR 25
499:Selmouni v France
353:Life imprisonment
98:Selmouni v France
94:living instrument
88:Living instrument
75:Children Act 2004
43:An absolute right
20:Article 3 of the
1087:
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934:
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737:Ciorap v Moldova
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606:Budina v. Russia
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244:Ciorap v Moldova
196:Budina v. Russia
189:Irish Government
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576:. 21 March 2013
574:The Irish Times
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531:Aksoy v. Turkey
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511:Aksoy v. Turkey
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488:
484:
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467:
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451:
424:
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412:Šečić v Croatia
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397:M.C. v Bulgaria
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322:
279:
232:
199:
162:five techniques
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138:
128:In the case of
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92:Article 3 is a
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65:In the case of
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45:
17:
12:
11:
5:
1093:
1083:
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904:
902:Text of ruling
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886:External links
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608:(18 June 2009)
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811:on 2016-03-07
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809:the original
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787:11 EHRR 439
775:23 EHRR 413
348:Other cases
259:Saint Kitts
217:provisions.
1064:Categories
1044:Article 18
1039:Article 17
1034:Article 16
1029:Article 15
1024:Article 14
1019:Article 13
1014:Article 12
1009:Article 11
1004:Article 10
727:37 EHRR 41
711:2024-05-16
687:2024-05-16
658:2024-05-16
631:2024-05-16
449:References
114:Greek case
25:prohibits
1049:Protocols
999:Article 9
994:Article 8
989:Article 7
984:Article 6
979:Article 5
974:Article 4
969:Article 3
964:Article 2
959:Article 1
763:47039/11
545:2 EHRR 25
517:strappado
471:2 FLR 959
283:deporting
422:See also
310:Virginia
911:WebCite
909:(using
815:9 April
336:(1987).
170:hooding
108:Torture
67:A v UK
27:torture
874:
749:D v UK
580:30 May
294:Indian
271:cancer
251:D v UK
180:, and
801:(PDF)
365:that
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872:ISBN
817:2016
582:2019
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896:PDF
304:In
288:In
255:HIV
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