释义 |
degrading treatment or punishment Treatment that arouses in the victim a feeling or fear, anguish, and inferiority capable of humiliating and debasing the victim and possibly breaking his physical or moral resistance (Ireland v UK (1978) Series A no 25 2 EHRR 25). The prohibition on degrading treatment or punishment is set out in Article 3 of the European Convention on Human Rights and the Human Rights Act 1998. This right is an absolute right; such treatment can never be justified as being in the public interest, no matter how great that public interest might be. However, police officers and others can use force to defend themselves or others or in carrying out their lawful duties (e.g. to arrest someone). Public authorities have a limited but positive duty to protect the right from interference by third parties and also have a duty to investigate effectively and independently any credible allegation of such ill-treatment. |