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Tyrer Case (Manx Birching Case)

European Court of Human Rights.  25 April 1978 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

The individual in international law — Human rights and freedoms — Prohibition of inhuman and degrading treatment — Judicial infliction of corporal punishment upon juvenile — Punishment not inhuman but sufficiently humiliating to amount to “degrading punishment” — No less degrading because of deterrent effect — Standard of degrading punishment — European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 3

Application of European Convention to territories for whose international relations a Member State is responsible — Isle of Man — Application of Convention subject to “local requirements” — Whether any local requirements justifying birching — European Convention, Article 63(3)

Procedure of European Court of Human Rights — Applicant wishing to withdraw application — Whether amounting to discontinuance of proceedings — Whether affecting application of Article 50 — Whether necessary to hold investigation in Isle of Man

Treaties — Interpretation of the European Convention — Convention a living instrument to be interpreted in the light of present day standards

Type
Case Report
Copyright
© Cambridge University Press 1980

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