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Human Rights Law Directions

Human Rights Law Directions (4th edn)

Howard Davis
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date: 10 December 2022

p. 1959. Article 3: prohibition of torturelocked

p. 1959. Article 3: prohibition of torturelocked

  • Howard DavisHoward DavisReader in Public Law, Bournemouth University

Abstract

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter the absolute ban on torture and inhuman or degrading treatment that Article 3 requires. The basic terms (torture and inhuman and degrading treatment and punishment) are defined. The absolute nature of the ban is discussed. The chapter also discusses the broad nature of state responsibility to prevent suffering that is severe enough to violate Article 3. Article 3 creates limits to what is acceptable as punishment and, more importantly, applies in a wide range of situations for which the state has responsibility in respect to otherwise lawful activity not involving an intention to harm.

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