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Article 3: torture and inhuman or degrading treatment or punishment

Human Rights Law in Scotland

Authors:
Robert Reed and Jim Murdoch
Publisher:
Bloomsbury Professional
Edition:
4th edition
Law Stated At:
31 March 2016
Chapter 4: Scope of the prohibition against torture and ill-treatment Article 3 and the doctrine of ‘living instrument’ Classifying violations of Article 3: ‘torture’; and ‘inhuman’ or ‘degrading’ treatment or punishment The use of force during deprivation of liberty Positive obligations: (i) protection against infliction of ill-treatment through effective implementation of domestic law Positive obligations: (ii) taking of specific action to prevent ill-treatment Positive obligations: (iii) investigating allegations of ill-treatment – the procedural aspect of Article 3 Particular issues arising under Article 3 ...

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