MindMap Gallery Article 3 ECHR
This is a clear mind map of Article 3 of the European Convention on Human Rights, primarily elucidating Prison Conditions Article 3, Tyrer v United Kingdom 1978 Article 3, and more. The map thoroughly explains the content of the article and its application in the protection of human rights.
Edited at 2022-12-19 11:26:08The European Convention on Human Rights (ECHR) is an international treaty that aims to protect and uphold fundamental human rights and freedoms across Europe. Understanding the territorial reach of the ECHR is crucial for comprehending the extent to which individuals and states are bound by its provisions. This mind map explores the territorial reach of the ECHR, delving into the principles and mechanisms that determine its applicability in different contexts. From the concept of jurisdiction and the role of state parties to the extraterritorial application of human rights, this mind map provides a comprehensive overview of the territorial scope of the ECHR.
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
This is a clear mind map of Section 3, mainly illustrating prison conditions, domestic violence, and more. Each content area has several levels of further explanation. The mind map meticulously outlines the multidimensional impact of social issues; for instance, prison conditions encompass not only physical facilities and management systems but also prisoners' mental health and rehabilitation education. The domestic violence section expands from legal sanctions, psychological counseling, to social support, offering comprehensive prevention and intervention measures. The map aims to provide an integrated perspective to help professionals and the public better understand and address these pressing social issues.
The European Convention on Human Rights (ECHR) is an international treaty that aims to protect and uphold fundamental human rights and freedoms across Europe. Understanding the territorial reach of the ECHR is crucial for comprehending the extent to which individuals and states are bound by its provisions. This mind map explores the territorial reach of the ECHR, delving into the principles and mechanisms that determine its applicability in different contexts. From the concept of jurisdiction and the role of state parties to the extraterritorial application of human rights, this mind map provides a comprehensive overview of the territorial scope of the ECHR.
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
This is a clear mind map of Section 3, mainly illustrating prison conditions, domestic violence, and more. Each content area has several levels of further explanation. The mind map meticulously outlines the multidimensional impact of social issues; for instance, prison conditions encompass not only physical facilities and management systems but also prisoners' mental health and rehabilitation education. The domestic violence section expands from legal sanctions, psychological counseling, to social support, offering comprehensive prevention and intervention measures. The map aims to provide an integrated perspective to help professionals and the public better understand and address these pressing social issues.
Article 3 ECHR
How one could assess that Article 3 is a fundamental principle of the Convention ?
It is abolute
No exception
no balance of interest
Article 15 (derogation)
no derogation of Article 3 except in time of emergency but for war or threatening life of the nation and the HCP shall keep the secretary general of the Council fully informed in this case.
Ribitsch v. Austria (1995)ARTICLE 3
Ribitsch alleged ill-treatment in a police station
police officers denied and claimed he slipped
Medical examination after release : evidence of bruised
Court says
Vigilance must be heightened when dealing with rights such as those set forth in Article 3
Police officer's aquittal in the criminal proceedings in respect of the principle of presumption of innocence does not absolve Austria from its responsability under the Convention
Standard of proof
When injuries sustained during detention
incumbent on state to provide plausible explanation
The Court finds Austria's explanation unconvincing
General conclusion
For a person deprived of his liberty, any recourse to physical force which has not been mde striclty necessary by his own conduct diminishes human dignity and is in principle an infrigment of Article 3
The difficulties to fight against crime and the urgency of the investigation cannot justify placing limits on the protection of the physical integrity of individuals
Conclusion : Inhuman and degrading treatment
Variation to Ribitsch
importance of the timing of the medical check
In Balogh v. Hungary (2004) the violation of Article 3 was accepted even though the medical examination took place 2 days after the release
Dissenting opinion that the burden of proof should not shift to the governement when the individual seek medical examination 2 days after his release
Solution proposed by the dissenting opinion in Balogh
there should be a medical check upon arrest
There should be a medical check before release to assess if ill-treatement happened during detention
Tyrer v. UK 1978 ARTICLE 3
British govt opinion
Local opinion was in favour of birching
Detterent effet -law and order
Intention of drafters ECHR = not supposed to address birching (ECHR written post WWII)
How the court judged that Tyrer suffered degrading punishment ?
Nature of punishment
Birched on his bare posterior
Publicity
institutionalised character of the violence (official procedure) juvenile court, violence by an agent of the authorities
viewing these circumstances as a whole, the Court finds that the applicant was subjected to a punishment in which the element of humiliation attainned the level inherent in the notion of "degrading punishment
Variation to Tyrer (Costello-Robert V. UK)
Violation of article 3 not admitted
Punished in accordance with the discplinary rule
No evidence of any severe or long-lasting effects
No publicity
The applicant punishment did not reach the minimum treshold of severity required to assess the violation of Article 3
Aksoy v. Turkey (1996)
Fact-finding & hearing witnesses by Commission
Article 3 - Torture - Violation
The court recalls: that the applicant was subjected to "Palestinian hanging"
This treatment could only have been deliberately inflicted; indeed a certain amount of preparation and exertion would have been required to carry it out
Administered with the aim of obtaining information
severe pain, proced by medical evidence, long lasting effect (arm paralyzed)
Violation of Article 3 in the case of Aksoy (Torture treshold was reached)
Applicant claimed that it was a general practice in Turkey (asked the court to find aggravated violations)
The court states that the evidence established by the commission were insufficient to reach an "administrative violation" of Article 3
Prison Condition Article 3
Kalashnikov v. Russia (2002)
Arguemnets by the Russian Federation : No intention to humiliate and poor condition of detention were due to economic difficulties
The Court Answers that intention is not decisive and ecomic difficulties are not decisive
Combination of factors that able the Court to find violation of Article 3 in prison detention or not
Conditons
Treatments
Durations
Consequences
Conclusion inf Kalashnikov = Violation of Article 3
Post Kalashnikov
Detention conditions in many countries found breach of Article 3
Severaol dimension that can lead to a breach
Material conditons (poor facilities, overcrowded)
ill-treatmeent by prison staff
Failure to provide necessary medical care
High-security regime too strict
Life imprisonement withtout any prospect of release
Creation of the CPT (Committee for the prevention of torture)
Preventive mechanism
Periodic visists
Unlimited access to all places of detention
Report, dialogue
Standard setting (e.g personal living space 4m^2)
Latest case = Mursic v. Croatia (2016)
Focus= personal space in a shared cell
Minimum standard = 3m2
Below 3m2 there is a strong presumption of violation of Article 3
The test
Subtopic
Article 3 ECHR
No one Shall be subjected to torture or to inhuman treatment or punishement
Torture
Special stigma; deliberate inhuman treatment causing very serious and cruel suffering (Ireland v. UK)
"Severe pain or suffering" intentionally inflicted for a purpose 'informatio punishment, intimidation...) inflicted by or supervised by a public official (UN convention against Torture 1984)
inhuman treatment
Accepted in Ireland v. UK (deprivation of sleep and sufficient food or drink, forced to stand on their toes...)
degrading treatment
Humiliation or debasement that must attain a particular level
The assessment is, relative, it depends on all the circumstances of the case
So Article 3 is abolute AND relative
General approach of the Court (Ireland v. UK 1978)
There exists violence which is to be condemned both on moral grounds and also under domestic law of the HCP but which does not fall within Article 3