Prof Mary Rogan has written a piece on the interpretation of Article 3 of the European Convention of Human Rights in the setting of imprisonment for Strasbourg Observers as part of a blog symposium organised by Prof Natasa Mavronicola (Birmingham university) in the run up to the Chișinău declaration in May, which will be a critical moment in the protection of human rights in Europe.
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The Symposium and Article 3
The symposium examines the implications of any changes to the protections contained in Article 3 of the European Convention on Human Rights which contains the fundamental prohibition on torture and inhuman or degrading treatment or punishment. Drawing on her research and new work developing as part of the Dignity and Deprivation of Liberty project funded by the European Research Council, Prof Rogan examines the application of Article 3 in the setting of imprisonment.
Prison is a place where the protections of Article 3 are at particular risk, and has been a key source for understanding what Article 3 requires. She argues that the test for establishing a breach of Article 3 in prisons continues to be high, and that our focus should be on alleviating what are still egregious conditions in many Council of Europe prison systems rather than trying to reduce existing standards.
Implications for Human Rights
Any moves to reduce the protections offered by Article 3 have major implications for the protection of rights in all places where liberty is deprived, including psychiatric hospitals and social care institutions. Prof Rogan cautions that we must take great care not to permit the undermining of what are minimal standards to protect against the worst violations of human dignity.