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(p. 237) 6. Article 3: Freedom from torture or inhuman or degrading treatment or punishment 

(p. 237) 6. Article 3: Freedom from torture or inhuman or degrading treatment or punishment
Chapter:
(p. 237) 6. Article 3: Freedom from torture or inhuman or degrading treatment or punishment
Author(s):

David Harris

, Michael O’Boyle

, Ed Bates

, and Carla Buckley

DOI:
10.1093/he/9780198785163.003.0006
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date: 18 October 2019

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.

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