Does Article 3 of The European Convention on Human Rights Enshrine Absolute Rights?

Abstract

Article 3 of the European Convention on Human Rights, which prohibits torture and other forms of ill-treatment, does not expressly provide that its terms are absolute. Nevertheless, the idea that Article 3 contains absolute rights is generally accepted. This article explores the concept of absolute rights in Article 3, both with reference to theoretical considerations and in the light of Strasbourg case law. It concludes that the notion of absolute rights is nebulous because it involves an assessment of subjective factors and that it is best understood within the wider context of the Convention as a whole.