Rights and Discrimination
Your right not to be tortured or treated in an inhuman way
Summary
Article 3 says you mustn’t be tortured or treated in an inhuman or degrading way. Article 3 protects you if you've suffered ill-treatment which is very severe. Whether something is severe enough to be a breach of article 3 depends on the circumstances of your case - for example: * how the treatment has affected you physically or mentally. Inhuman treatment is ill-treatment which causes you severe mental or physical suffering. The ill-treatment doesn't have to be deliberate or inflicted on purpose. Degrading treatment is treatment which is grossly humiliating or undignified. Very severe forms of discrimination or harassment could be degrading treatment. Article 3 also imposes a positive obligation on public authorities to protect you from serious ill-treatment by other individuals. For example, the courts have said that a local authority must take positive steps to protect children from abuse and neglect by a parent or foster carer if they know they're at risk. If the local authority fails to protect children from abuse or neglect in this situation it could be a breach of article 3. Examples of where there could be a breach of article 3 include: * inhuman detention conditions - for.
Key information
- whether you're a man or a woman
- how long the treatment has lasted
- how the treatment has affected you physically or mentally.
- serious physical or mental abuse
- inhuman detention conditions - for example, in police cells, mental health hospitals or in prison
- use of excessive force on patients or detainees
- serious neglect in a care home or hospital
- malnutrition and dehydration
- the deportation of someone to a country where there is a real risk of torture, inhuman or degrading treatment.
- More about absolute rights
- What rights are protected under the Human Rights Act?
- When can a public authority interfere with your human rights?
Practical guidance
Related topics
More in this area
Sources
- Citizens Advice — Your right not to be tortured or treated in an inhuman way
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.