Freedom From Torture And Inhuman Or Degrading Treatment Flashcards
Freedom from torture and inhuman or degrading treatment
- protects you from torture(mental physical or both) inhuman or degrading treatment or punishment as deportation or extradition if there is a real risk you will face torture or inhuman or degrading treatment
- public authorities must not inflict such treatment on you and they will also protect you from this treatment where it comes from someone else
Z v United Kingdom
Failed to separate four children from mother… Subject to unacceptable level of abuse and neglect over 4 yr period …. Positive obligation to remove children as soon as they became aware of the abuse that might amount to inhuman or degrading treatment
Mcglinchey and others v United Kingdom
Heroin addict suffered from asthma 4months in prison …. Severe withdrawal symptoms … Nursing staff didn’t get help when she deteriorated ….prison service failed to get help and relieve her suffering and failed to prevent the worsening of her condition
R v Secretary of State for the home department,ex parte , Limbuela, Tesema and Adam
Asylum seeker suffered withdrawal of shelter , food and basic necessities
Chahal v United Kingdom
Indian Sikh in uk … Deported …. Suspected terrorist …prohibition of torture is absolute regardless