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Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest. Article 15(2) of the European Convention on Human Rights makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation.
Section 3 requires that, subject to any other provisions of domestic law, 'organs of state' must perform their duties in a manner compatible with the convention. Anyone who suffers injury, loss or damage as a result such a body's failure to do this is entitled to damages. [ 3 ]
Article 3 prohibits the expulsion of nationals and provides for the right of an individual to enter a country of their nationality. Article 4 prohibits the collective expulsion of foreigners. [60] Turkey and the United Kingdom have signed but never ratified Protocol 4. Greece and Switzerland have neither signed nor ratified this protocol. [61]
Protocol No. 14 of the ECHR entered into force on 1 June 2010. It allows the European Union to accede to the European Convention on Human Rights. [3] On 5 April 2013, negotiators from the European Union and the Council of Europe finalised a draft agreement for the accession of the EU to the European Convention on Human Rights.
Pages in category "Article 3 of the European Convention on Human Rights" The following 29 pages are in this category, out of 29 total. This list may not reflect recent changes .
Under the European Convention on Human Rights, admissibility governs whether an individual or inter-State application will be accepted for consideration on the merits and progress to a full case.
While free movement of workers was central to the first European Economic Community agreement, the development of European labour law has been a gradual process. Originally, the Ohlin Report of 1956 recommended that labour standards did not need to be harmonised, although a general principle of anti-discrimination between men and women was included in the early Treaties.
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