OVERVIEW OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS UNDER ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS Cover Image

ОБЗОР НА ПРАКТИКАТА НА ЕВРОПЕЙСКИЯ СЪД ПО ПРАВАТА НА ЧОВЕКА ПО ЧЛ. 3 ОТ ЕВРОПЕЙСКАТА КОНВЕНЦИЯ ПО ПРАВАТА НА ЧОВЕКА
OVERVIEW OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS UNDER ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s): Georgia Papucharova
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: ЮГОЗАПАДЕН УНИВЕРСИТЕТ »НЕОФИТ РИЛСКИ«
Keywords: torture; inhuman or degrading treatment; persons; deprived of their liberty; European Court of Human Rights case law; European Committee for the Prevention of Torture and Inhuman or Degrading Treatmen

Summary/Abstract: This article is focused on the case law of the European Court of Human Rights and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment under Article 3 of the European Convention on Human Rights. Special attention is paid to the way the Court conceptualized the notions, incorporated in the prohibition under Article 3 and also to their application in the Court’s case law. Throughout the years of Court’s practice there has been a tendency of transformation of the forms of ill treatment that entail the establishing of “torture”. It is doubtless that this tendency of dynamic changes will continue. The article highlights different aspects of violations under Article 3 as well the main circumstances taken into account by the Court in it’s final decisions or judgments. The standards developed by the Committee concerning the detention and prison conditions and certain categories of persons, deprived of their liberty are also examined. Most of the cases set out below give an example of how these standards are implemented.

  • Issue Year: 6/2019
  • Issue No: 1
  • Page Range: 48-62
  • Page Count: 15
  • Language: Bulgarian
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