Does Article 3 of The European Convention on Human Rights Enshrine Absolute Rights? Michael K. Addo and Nicholas Grief*1 Full text available: PDF format * 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. * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems. 1 * Michael K. Addo, School of Law, University of Exeter, Amory Building, Rennes Drive, Exeter EX4 4RJ, United Kingdom. Nicholas Grief, School of Finance and Law, Bournemouth University, Poole, BH12 5BB, United Kingdom. The authors are grateful to Professor Colin Warbrick (University of Durham) and Dr Ralph Beddard (University of Southampton) for their comments on an earlier draft of this paper. Any remaining errors are, of course, the responsibility of the authors.
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