Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December General Assembly resolution A as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over languages. All human beings are born free and equal in dignity and rights.
Article 3 Anti-torture and inhumane treatment Read posts relating to this article Art. Theoretically, treatment must reach an intense level of severity for a challenge under this provision to succeed.
The Strasbourg authorities originally set a high threshold for treatment falling within the scope of Art. In principle the rule is that conditions in the home State, however appalling, do not engage the responsibility of the deporting country. That the denial of social support was deemed to amount to torture and inhuman treatment shows how far the Convention has developed its reach as a social and economic rights instrument, where claims to social services, accommodation and a high standard of medical care can be made out under the prohibition that was drafted into the Convention in order to prevent the repeat of the sort of atrocities perpetrated in Nazi Germany.
But they also held that this method of interrogation did not reach the level of cruelty to attain the threshold of torture under that provision. On the other hand, the bar for offending treatment may being set somewhat lower according to more recent case law from Strasbourg.
For example, the Court found degrading treatment in breach of Article 3 when a person was deprived of his spectacles Slyusarev v Russia 20 April even though there was no evidence of impairment to the eyes caused by the delayed replacement.
The fact that the applicant could not read or write normally was sufficient to amount to treatment in breach of Art. When riot police burst into schools used as shelters by G8 protestors and meted out punishment with riot sticks, this was found to have reached the level of torture under Art.
Cesaro v Italy, 7 April Where a prisoner with chronic health conditions and a medical note recommending the avoidance of cigarettes was confined almost all day in overcrowded cells where the other occupants smoked, the passive smoking element was relevant in the finding of conditions incompatible with Art.
The Court has also stated that states are under an obligation to take measures to protect prisoners from passive smoking where their state of health so requires Elefteriadis v Romania, 25 January Article 3 imposes an obligation on the state to ensure the health and well-being of persons deprived of their liberty, although they are not expected to provide equivalent health care in prisons as compared with the outside world Aleksanyan v Russia, 22 December In McGlinchey v UK the failure by the prison medical staff to properly monitor the state of the applicant, who was vomiting repeatedly under withdrawal symptoms, and suffering from dehydration, disclosed treatment in breach of Article 3 29 April Outside the prison walls there is less case law, and the threshold is higher; for example lack of access by cancer patients to potentially life-saving experimental drugs which were not yet authorised did not amount to treatment in breach of Art.
Leaving an asylum seeker to fend for himself on the street for over a year, without provision for shelter, food or other needs, breached Art.
More recently, the Court of Appeal has confirmed that foreign nationals may be removed from the UK even where their lives will be drastically shortened due to a lack of healthcare in their home states.
However it remains the case that Article 3 has been interpreted to cover not only state sponsored persecution but the acts of private individuals as well, since it obliges governments not to return or deport anyone to a destination country where they might be exposed to dangerwhether at the hands of state agents or rebel groups.
This interpretation of Article 3 has prevented the deportation of a convicted armed robber to Somali because of the risk that he might get caught up in the civil war there — see Ahmed v Austria 24 EHRR Chahal v UK 23 EHRR set a strong precedent for preventing states from deporting individuals to countries where they risk treatment in breach of Article 3.
In Saadi v Italy No.
The conduct of the person concerned, however undesirable or dangerous, cannot be taken into account. The prospect that he may pose a serious threat to the community if not returned does not reduce in any way the degree of risk of ill treatment that the person may be subject to on return.
In Othman Abu Qatada v UK  ECHR 56 the Court accepted that the UK and the Jordanian governments had made genuine efforts to provide detailed assurances that the applicant would not be ill treated on his return to Jordan; although in fact the applicant won on the basis of Article 6, as the Court found that he faced a flagrant denial of his right to a fair trial if deported.The human right to health means that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions, and a clean environment.
Article Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right to equal access to public service in his country.
Human Rights Act is up to date with all changes known to be in force on or before 23 November There are changes that may be brought into force at a future date. Everyone has the right to freedom of thought, conscience and 2. Freedom to manifest one’s religion or beliefs shall be subject Article 10 Freedom of expression.
1. Universal Declaration of Human Rights Article 8 Everyone has the right to an effective remedy by the competent national tribunals Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Introduction Article 24 of the Universal Declaration of Human Rights is concerned with the more general problem often referred to as just conditions of work.
Article 8 of the Convention– Right to respect for private and family life “1. Everyone has the right to respect for his private and family life, his home and his correspondence.