Article 3 ECHR CASES

In human rights law, Article 3 of the European Convention on Human Rights protects individuals from the most serious forms of abuse by imposing an absolute ban on ill-treatment by the state.

Definition and scope

Article 3 provides that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. It reflects a fundamental value of a democratic society and applies in all circumstances, including war, terrorism, or public emergency.

Key principles

Absolute right: Article 3 permits no exceptions or justifications, regardless of the individual’s conduct.

State responsibility: The state must not only refrain from ill-treatment but also take reasonable steps to prevent it.

Minimum level of severity: Treatment must reach a certain seriousness, assessed in light of factors such as duration, physical or mental effects, and the victim’s vulnerability.

Types of prohibited treatment

Torture: Deliberate inhuman treatment causing very serious suffering.

Inhuman treatment: Severe physical or mental suffering without the specific intent required for torture.

Degrading treatment: Treatment that humiliates or debases a person, showing a lack of respect for human dignity.

Limitations

Article 3 cannot be balanced against public interest considerations. However, not all hardship or discomfort will meet the threshold required to amount to a breach.

Practical importance

Article 3 plays a central role in cases involving policing, detention, prison conditions, and removal or extradition, ensuring that human dignity remains inviolable under the European Convention on Human Rights.