p. 2426. 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 Bates, Ed BatesAssociate Professor, School of Law, University of Leicester
- Carla M. Buckley, Carla M. BuckleyInternational Human Rights Lawyer
- KreŠimir Kamber, KreŠimir KamberRegistry Lawyer, European Court of Human Rights
- ZoË Bryanston-Cross, ZoË Bryanston-CrossRegistry Lawyer, European Court of Human Rights
- Peter CumperPeter CumperProfessor of Law, University of Leicester
- , and Heather GreenHeather GreenIndependent Researcher
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 obligation to act to prevent state actors and 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.
