Article contents
MSS v. Belgium and Greece
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Right to life — Prohibition of torture and inhuman or degrading treatment — European Convention on Human Rights, 1950, Articles 2 and 3 — Treatment contrary to Article 3 must reach a minimum level of severity in all circumstances — Confinement of aliens permissible only to prevent unlawful migration while still complying with international law — Conditions of detention to be compatible with human dignity — Whether Article 3 obliging States to provide accommodation to all persons within their jurisdiction or to provide all refugees with financial assistance to maintain certain standard of living — Whether States under positive obligation to provide decent material conditions and accommodation to impoverished and vulnerable asylum seekers — Principle of non-refoulement — Prohibition of direct and indirect refoulement — Article 13 — Right to an effective remedy — Remedy to be effective in law and practice — Effective remedy to Article 3 claim must involve close and rigorous scrutiny and include potential for execution of impugned measure — Article 41 — Just satisfaction — Non-pecuniary damages — Costs — Article 46 — Binding force and execution of judgments — Rules of Court — Rule 39 — Interim measures — KRS v. United Kingdom
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