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The Human Dimension of International LawSelected Papers of Antonio Cassese$
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Antonio Cassese, Paola Gaeta, and Salvatore Zappalà

Print publication date: 2008

Print ISBN-13: 9780199232918

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199232918.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 September 2021

Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions?

Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions?

Chapter:
(p.332) 14. Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions?
Source:
The Human Dimension of International Law
Author(s):

Antonio Cassese

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232918.003.0014

In a number of cases the European Commission and Court of Human Rights have applied Article 3 of the European Convention on Human Rights, whereby ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’. It is in the area of civil rights that the two Strasbourg bodies have relied primarily upon this Article: the bulk of the applications dealt with by the two supervisory bodies relate to the conditions of detention of persons deprived of their liberty (usually in prisons, in police custody or in mental institutions). This chapter focuses on a recent case, wherein the European Commission was given the opportunity to look into the possibility of extending the notion of inhuman and degrading treatment to the area of social and economic rights: Francine van Volsem v. Belgium (decision of 9 May 1990, application No. 14641/89).

Keywords:   European Commission, European Court, European Convention on Human Rights, civil rights, social rights, economic rights, Francine van Volsem v. Belgium

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