The 'absolute'prohibition of torture and inhuman or degrading treatment in Article 3 ECHR: Truly a question of scope only?

S Smet - This is an Accepted Manuscript of a book chapter …, 2013 - papers.ssrn.com
This is an Accepted Manuscript of a book chapter published in Eva …, 2013papers.ssrn.com
In its principled rhetoric, the European Court of Human Rights consistently refers to the
prohibition of torture and inhuman or degrading treatment in Article 3 ECHR as absolute.
The Court has stated that '[e] ven in the most difficult of circumstances, such as the fight
against terrorism or crime, the Convention prohibits in absolute terms torture or inhuman or
degrading treatment or punishment'and that '[t] he philosophical basis underpinning the
absolute nature of the right under Article 3 does not allow for any exceptions […] or …
Abstract
In its principled rhetoric, the European Court of Human Rights consistently refers to the prohibition of torture and inhuman or degrading treatment in Article 3 ECHR as absolute. The Court has stated that ‘[e] ven in the most difficult of circumstances, such as the fight against terrorism or crime, the Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment’and that ‘[t] he philosophical basis underpinning the absolute nature of the right under Article 3 does not allow for any exceptions […] or balancing of interests’. Taken at face value, these passages lead to a straightforward principled conclusion: because Article 3 ECHR is absolute, its application is a matter of definition only.
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