Article 3: Freedom from torture and inhuman or degrading treatment

Articles of Human Rights
Article 3 protects you from:
  • torture (mental or physical)
  • inhuman or degrading treatment or punishment, and
  • deportation or extradition (being sent to another country to face criminal charges) if there is a real risk you will face torture or inhuman or degrading treatment or punishment in the country concerned.
As you would expect, public authorities must not inflict this sort of treatment on you. They must also protect you if someone else is treating you in this way. If they know this right is being breached, they must intervene to stop it. The state must also investigate credible allegations of such treatment.

What is torture?Torture occurs when someone deliberately causes very serious and cruel suffering (physical or mental) to another person. This might be to punish someone, or to intimidate or obtain information from them.

What is inhuman treatment?Inhuman treatment or punishment is treatment which causes intense physical or mental suffering. It includes:
  • serious physical assault
  • psychological interrogation
  • cruel or barbaric detention conditions or restraints
  • serious physical or psychological abuse in a health or care setting, and
  • threatening to torture someone, if the threat is real and immediate.

What is degrading treatment?Degrading treatment means treatment that is extremely humiliating and undignified. Whether treatment reaches a level that can be defined as degrading depends on a number of factors. These include the duration of the treatment, its physical or mental effects and the sex, age, vulnerability and health of the victim. This concept is based on the principle of dignity - the innate value of all human beings.

Are there any restrictions to this right?Your right not to be tortured or treated in an inhuman or degrading way is absolute. This means it must never be limited or restricted in any way. For example, a public authority can never use lack of resources as a defence against an accusation that it has treated someone in an inhuman or degrading way.

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