Summary
Fundamental rights samenvatting week 3
- Course
- Institution
Fundamental rights samenvatting week 3 - Absolute rights and states of emergency
[Show more]
Seller
Follow
casperbeumer
Content preview
Arresten:• A. And others v UK
• Gäfgen v Germany
Art. 3 ECHR: absolute prohibition of torture and inhuman/degrading treatment.
Ondergrens: ill-treatment with a minimum level of severity.
Minimum level of severity is based on all circumstances of the case, such as nature
and context of treatment, sex, age and state of health of the victim, duration, (long
term) physical/mental effects of the treatment, whether it was intentional, purpose of
the treatment, state of vulnerability of the victim.
Torture: ‘intentional infliction of severe pain or suffering with the aim of obtaining
information, inflicting punishment or intimidation. Look at purpose of the
treatment!
Cases concerning use of security measures in prison: look at proportionality.
Solitary confinement itself might not be a breach of Art. 3 but the proportionality of
its imposition and the conditions might be questionable. Same can be said for cases
involving force-feeding. This can be seen as inhuman and degrading but it’s justified if
the detainee refuses to eat and it’s medically necessary.
Court rules that public interest or other (Convention) rights outweigh the
interest of the applicant.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller casperbeumer. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.91. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now