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The
Human Rights Act’s 1998 UK Article 3: Freedom from torture and
inhuman or degrading treatment Demeanour Article 3 protects
you from: torture (mental or physical) inhuman or degrading treatment or punishment, and deportation or extradition
(being sent to another country to face criminal charges) if there is a real
risk you will face torture or inhuman or degrading treatment or punishment in
the country concerned. As you would expect, public
authorities must not inflict this sort of treatment on you. They must also
protect you if someone else is treating you in this way. If they know
this right is being breached, they must intervene to stop it. The state
must also investigate credible allegations of such treatment. What is torture? What is inhuman treatment? Inhuman treatment or punishment
is treatment which causes intense physical or mental suffering. It includes: psychological interrogation cruel or barbaric detention conditions or restraints serious physical or psychological abuse in a health or care setting,
and threatening to torture someone, if the threat is real and immediate. What is degrading treatment? Degrading
treatment means treatment that is extremely humiliating and
undignified. Whether treatment reaches a level that can be defined as
degrading depends on a number of factors. These include the duration of the
treatment, its physical or mental effects and the sex, age, vulnerability and
health of the victim. This concept is based on the principle of dignity
- the innate value of all human beings. Are there
any restrictions to this right? Your right not to be tortured or treated in an inhuman or degrading
way is absolute. This means it must never be limited or restricted in any
way. For example, a public authority can never use lack of resources as a
defence against an accusation that it has treated someone in an inhuman or
degrading way. Using this right – example; A young man with mental health
problems was placed in residential care. During a visit, his parents noticed
bruising on his body. They raised the issue with the care managers but their
concerns were dismissed. They were also banned from visiting their son. The
parents raised their son’s right not to be treated in an inhuman and
degrading way and their right to respect for family life. The ban on
visits was revoked and the bruising on the young man’s body was investigated. (Example taken from ‘The Human
Rights Act: Changing Lives’, British Institute of Human Rights, 2006.) What the law says; Article 3: Prohibition of
torture No one shall be subjected to
torture or to inhuman or degrading treatment or punishment. Example case - Chahal v United Kingdom
[1996] An Indian Sikh living in the UK
claimed he would be tortured if deported to India because he was a
high-profile supporter of Sikh separatism. The UK still sought to deport him
on suspicion of being a terrorist. In a very important case, the European
Court of Human Rights held that Article 3 prohibited his removal as he faced
a real risk of torture or inhuman or degrading treatment. The Court stressed
that his suspected involvement in terrorism was irrelevant – the protection
afforded by Article 3 is absolute and extends to every human being,
regardless of their conduct. See the publication ‘Human
rights, human lives: a guide to the Human Rights Act for public authorities’
for more examples and legal case studies that show how human rights work in
practice. |