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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.
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]
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 .
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.
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]
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]
The living instrument doctrine is a method of judicial interpretation developed and used by the European Court of Human Rights to interpret the European Convention on Human Rights in light of present-day conditions.
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