Show Summary Details
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights (4th edn)

David Harris, Michael O'Boyle, Ed Bates, and Carla Buckley
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 25 September 2022

p. 2376. Article 3: Freedom from torture or inhuman or degrading treatment or punishmentlocked

p. 2376. Article 3: Freedom from torture or inhuman or degrading treatment or punishmentlocked

  • 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.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription