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A critical analysis of article-3 of the European Convention on Human Rights - Dissertation Example

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Every human being needs the fundamental rights as a primary requirement in their life,which feciliates them with security to live their life in present day world.The basis of this right is the respect to the human values by securing the human rights…
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A critical analysis of article-3 of the European Convention on Human Rights
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Download file to see previous pages Every human being needs the fundamental rights as a primary requirement in their life,which feciliates them with security to live their life in present day world.The basis of this right is the respect to the human values by securing the human rights. The basis of this right is the respect to the human values by securing the human rights. On the contrary, ECHR is all set to work for the protection of human rights in th european countries. However, some of its policies regarding certain humain rights are still not worth effective. As, Article 3 of the European Convention on Human Rights, prohibits torture “inhuman or degrading treatment or punishment”. In other words we can say any intentional act by which severe pain or suffering is caused physically or mentally to a person. The definition has tried to cover a huge objective scope, rather than becoming subjective and more definite. Resultantly, due to its infinite nature, the Article 3 has been a critical issue. There is a lack of exact definition and clear meaning of torture mentioned in the article. Nevertheless, torture has a wide range, from normal torture to severe punishment and that may vary in different age group. But, Article 3 does not seem to cover all the aspects of human rights. Initially the UK Court had restrictive view on what consisted of torture, preferring to find that states had inflicted inhuman and degrading treatment. Though ECHR is fighting for the rights of children and protect the children from violations but the criteria it has designed is not able to act effectively. Thus the court held that practices such as sleep deprivation, subjecting individual to intense noise and requiring them to stand against a wall with their limbs outstretched for extended periods of time, did not constitute torture1. On the contrary, there is a necessity of giving more emphasis on the rights of the children, because they are the usual victim of torture and prohibitions, which deprive them of the human rights in their normal day to day life. That may lead to troublesome life of the children. In such case, the convention’s Article 3 seems to be insufficient to provide protection to the children in an authentic way. Keeping in view, the importance of child’s right The United Nations Convention on the Human Rights of the Child defines a child as a human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier, 2 agreed by 192 of 194 member countries. Biologically, a child is anyone between birth and puberty or in the developmental stage of childhood, between infancy and adulthood. Children generally have fewer rights than adults and are classed as not able to make serious decisions, and legally must always be under the care of a responsible adult.3 The positive side of European Convention on Human Rights is their step towards the reforms in human rights and possibly, there are chances of more amendments and improvement in the capacity of the policies; enabling them to protect the children from any kind of abuses. Due to the lack of contents in the Article 3 of European Convention, The UK Court has emphasized the fundamental nature of Article 3 in holding that the prohibition is made in absolute terms, irrespective of a victim's conduct. The Court has also held that states cannot deport or extradite individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state.4 If we look at the history of torture, it was first used in the ancient Greeks and Romans for interrogations. Torture was used only on slaves until the 2nd century. But, gradually that started spreading to all the sections in lower class people. Statement of a slave was valid, only if it has come out through torture.5 But at the present scenario when we talk about child torture and their right it would be important to find the definition of torture and its relevance with child’s right. Torture, according to the United Nations ...Download file to see next pagesRead More
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