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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.
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]
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. [61] Turkey and the United Kingdom have signed but never ratified Protocol 4. Greece and Switzerland have neither signed nor ratified this protocol. [62]
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Article 3 does not place an obligation on the Contracting States to alleviate such disparities through provision of free and unlimited health care to all aliens without a right to stay within its jurisdiction. A finding to the contrary would place too great a burden on the Contracting States.
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.
Soering v United Kingdom 161 Eur. Ct. H.R. (ser. A) (1989) is a landmark judgment of the European Court of Human Rights (ECtHR) which established that extradition of a German national to the United States to face charges of capital murder and their potential exposure to the death row phenomenon violated Article 3 of the European Convention on Human Rights (ECHR) guaranteeing the right against ...
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 .