Article 3: Prohibition of Torture

Definition

Article 3 of the European Convention on Human Rights states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. This provision is crucial in establishing fundamental human rights standards and emphasizes the importance of human dignity, irrespective of circumstances such as war, terrorism, or public emergency. It also reflects a consensus among member states regarding the absolute nature of this prohibition, meaning that there are no exceptions or justifications for torture under any conditions.

5 Must Know Facts For Your Next Test

1. Article 3 is considered an absolute right, meaning it cannot be derogated under any circumstances, including during emergencies or armed conflicts.
2. The prohibition against torture is recognized as a customary norm in international law, which means it is binding on all states, regardless of whether they are parties to the European Convention.
3. Victims of torture have the right to an effective remedy and to seek justice, which obliges states to investigate allegations of torture and hold perpetrators accountable.
4. Case law from the European Court of Human Rights has further clarified what constitutes torture and inhuman or degrading treatment, providing guidance on how member states should implement this prohibition.
5. The implementation of Article 3 has significant implications for police practices and detention procedures in member states, as it mandates adherence to strict standards of treatment for all individuals.

Review Questions

• How does Article 3 of the European Convention on Human Rights reinforce the concept of human dignity within the legal framework?
  • Article 3 reinforces human dignity by establishing an absolute prohibition against torture and inhuman or degrading treatment. This legal framework recognizes that every individual, regardless of their actions or circumstances, deserves to be treated with respect and dignity. By making this a non-derogable right, it ensures that all member states uphold these values and protect individuals from severe violations that undermine their fundamental humanity.
• Evaluate the role of the European Court of Human Rights in interpreting Article 3 and ensuring compliance among member states.
  • The European Court of Human Rights plays a vital role in interpreting Article 3 by assessing cases brought before it that allege violations of this prohibition. Through its judgments, the Court clarifies what constitutes torture and inhuman or degrading treatment while establishing precedents that member states must follow. This oversight mechanism not only holds states accountable but also influences national laws and policies regarding treatment in detention and law enforcement practices.
• Discuss the broader implications of Article 3's prohibition on torture for international human rights standards and global governance.
  • The prohibition on torture articulated in Article 3 has far-reaching implications for international human rights standards and global governance. By establishing an unequivocal ban on torture, it reinforces global norms that prioritize human rights protection and accountability. This contributes to a collective understanding among nations that safeguarding individuals from torture is not only a legal obligation but a moral imperative, fostering international cooperation to combat impunity and promote human rights globally.

Related terms

Human Rights Act:

A UK law that incorporates the rights contained in the European Convention on Human Rights into domestic British law.

Non-Refoulement: A principle in international law that prohibits countries from returning refugees or asylum seekers to a country where they may face torture or persecution.

European Court of Human Rights:

An international court established by the European Convention on Human Rights that hears cases related to human rights violations by member states.