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Legal Terms - degrading treatment or punishment
Treatment capable of dehumanizing and debasing the sufferer and possibly destroying his physical or moral resistance if it causes him to feel dread, agony, or inferiority (Ireland v UK (1978) Series A no 25 2 EHRR 25). Article 3 of the European Convention on Human Rights and the *Human Rights Act 1998 both forbid degrading treatment or punishment. This is a *absolute right; no matter how strong the public interest may be, such treatment can never be justified as serving the public interest. However, in the course of doing their legally mandated duties, such as making an arrest, or defending themselves or others, police officers and others may use force. Public authorities are tasked with the positive but restricted responsibility of safeguarding the right against external interference. They also have an obligation to thoroughly and impartially look into any plausible claims of mistreatment.
Treatment capable of dehumanizing and debasing the sufferer and possibly destroying his physical or moral resistance if it causes him to feel dread, agony, or inferiority (Ireland v UK (1978) Series A no 25 2 EHRR 25). Article 3 of the European Convention on Human Rights and the *Human Rights Act 1998 both forbid degrading treatment or punishment. This is a *absolute right; no matter how strong the public interest may be, such treatment can never be justified as serving the public interest. However, in the course of doing their legally mandated duties, such as making an arrest, or defending themselves or others, police officers and others may use force. Public authorities are tasked with the positive but restricted responsibility of safeguarding the right against external interference. They also have an obligation to thoroughly and impartially look into any plausible claims of mistreatment.
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