p. 2376. Article 3: Freedom from torture or inhuman or degrading treatment or punishment
- David Harris, David HarrisEmeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham
- Michael O’Boyle, Michael O’BoyleDeputy Registrar of the European Court of Human Rights (2006–2015)
- Ed BatesEd BatesAssociate Professor, School of Law, University of Leicester
- and Carla BuckleyCarla BuckleyResearch Fellow, Human Rights Law Centre, University of Nottingham
Abstract
This chapter discusses Article 3 of the European Convention on Human Rights. Article 3 prohibits torture and inhuman or degrading treatment or punishment. It imposes a negative obligation on states not to engage in such treatment or punishment and a positive to act to prevent private persons from doing so. There is also a procedural obligation to investigate allegations of ill-treatment. Article 3 applies to treatment in all life contexts, including treatment in prisons. Unlike most Convention articles, Article 3 is expressed in unqualified terms so that proscribed ill-treatment is never permitted, even for the highest reasons of public interest.
