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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.
California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
A litigant who has been granted a declaration of incompatibility may receive monetary compensation in accordance with the principles of just satisfaction under Article 41 of the convention, but the award of such compensation is entirely within the discretion of the Government. [5] The Convention itself is set out in Schedules 1-4 of the Act. [6]
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]
The Home Office refused the claimants state support under Section 55 of the Nationality, Immigration, and Asylum Act 2002, [2] under the basis that the asylum seekers did not make their claim as soon as reasonably practical. [3] Article 3 of the ECHR prohibits torture, inhuman or degrading treatment and/or punishment of individuals. [4]
The California Civil Rights Department (CRD) (formerly known as the Department of Fair Employment and Housing (DFEH)) is an agency of California state government charged with the protection of residents from employment, housing and public accommodation discrimination, and hate violence.
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.
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