Exploring the prohibition of degrading treatment within article 3 of the European Convention on Human Rights
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Date
2010Author
Webster, Elaine
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Abstract
This thesis addresses the meaning and scope of application of the right not to be
subjected to degrading treatment, a distinct form of harm within the absolute prohibition
of torture, inhuman or degrading treatment or punishment under Article 3 of the
European Convention on Human Rights. Through an interpretive case-law analysis, the
thesis presents a deeper conceptual understanding of the meaning of degrading treatment
than is found in existing human rights literature. It is a central argument of this thesis
that the concept of human dignity occupies a key position in the interpretation of
degrading treatment adopted by the European Court of Human Rights. Consequently, it
is argued that the meaning of human dignity in this context ‘frames’ the potential
boundaries of the right. The thesis aims to facilitate identification of situations that may
convincingly be argued to amount to potential instances of degrading treatment through
generating a richer appreciation of the right’s proper scope of concern. A comprehensive
account of the meaning of degrading treatment and corresponding state obligations is
offered. This account provides a framework for future application of the right that is both
practical and plausible.