MindMap Gallery Article 3 suite
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.
Edited at 2022-12-19 11:28:04The 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 suite
Domestic violence
Expanding the scope of Article 3 ?
In tyrer, Ribitsch, Aksoy
The state shall not torture, degrading or inhuman treatment
What ababout domestic violence
Recall Osman v. UK (1998)
"Article 2 of the Convention may also imply in certain circumstances a positive obligation on the authorities to take preventive measures to protect individual whose life at rsik from the criminal acts of another individual" ( = positive obligation of the state in horizontal situations)
The test in Osman to establish the postive obligation =
The authorities knew or ought to have known
existence of a real and immediate risk
To an identidied individual
Authorities should take reasonable and approriate measures
The source of positive obligation could be found in the wording of Article 2 that says " Everyone shall be protected by law"
Luckily Article 1 ECHR has pretty the same wording and include "all rights and freedoms
Article 1 ECHR " The HCP shall secure to everyone within their jurisdiction the rights and freedoms defined in section 1 of this Convention."
All rights and freedoms
Positive obligations : State should take preventive measures to prevent violations
Positive obligations applied to Domestic violence
Opuz v. Turkey (2009)
Test of positive obligation applied
According to the consensus and common values emerging fom the practice of European States set out State's Duties relating to the eradication of gender-based violence
The Court found that it was not the legisltion per se that violated Article 3 but rather the general attitude of local authorities such as the way that women were treated at police stations and judical passivity.
The Court established that the criminal-law system did not have an adequate deterrent effect capable of ensuring the effective prevention of unlawful acts
Post OPUZ
Valiuliené v. Lithuania
Test for violation of Article 3 in domestic violence case
1) Did the applicant suffer ill-treatement that was sufficently serious to reach the minimum level of severity ?
2) Did the domestic legal framework, provide pratical and effective protection of the rights guaranteed by Article 3 ?
How was the law implemented in the applicant's case ?
Violation of Article 14 with Article 2 and 3 ECHR
Prison Condition
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
Several dimensions 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 for detention contdition living space
The strong presumtion could be rebutted
Short, occasional minor stay
Compensation (outdoor activites)
No other aggravating circumstances with regard ot the general conditions of an applicant's detention