Human right - Coursework Example

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The European Court of Human Rights (Court) has made wide-ranging case laws on both procedure and substance. The type of punishment which Article 3 prohibits…
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Download file to see previous pages In this case, the Court observed that inhuman treatment includes the unleashing of violence by police officials resulting in extreme physical injury and suffering3.
Thus, to establish degrading or inhuman treatment, Strasbourg Court has framed a high yardstick for such treatment falling within the ambit of Article 3. As held in the Greek case (1969)4, it must surpass a “certain roughness of treatment”.
In 1990, Ireland filed a case against UK for human rights violation in Northern Ireland by employing tactics like by deprivation of drink and food, hooding, wallstanding, deprivation of sleep and continuous loud noise to prisoners. ECHR held that these were against the rights guaranteed under Article 3 although it did not meet the requirements of torture within the meaning of degrading or inhuman treatment. After this, British army virtually stopped these types of torture5.
In Jabari v Turkey6, the applicant alleged to have committed adultery in Iran, which is an offence under Iranian law for which stoning till to death is the punishment prescribed for. However, the Court viewed that kind of sentence was against the spirits of Article 3 and if any order of her deportation to Iran would be in infringement of the Article 37.
In case of proportionality and harshness of the punishment, the Court will consider the rationale of the punishment and whether such a rationale involves the debasement or gratuitous humiliation of the victim. In Tyrer v United Kingdom8, the judicial corporal punishment which was given to the applicant was degrading and inhuman punishment as it is against the Article 3 which ensures physical integrity and individual’s dignity9.
As a positive duty of the state, in R v Secretary of State for Home Department ex parte Limbuela 200510, it was held that any refusal to offer any monetary assistance to asylum seekers and barring them from employing, thereby making ...Download file to see next pagesRead More
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