232. 'Inhuman' or 'degrading' punishment.

The Article 3 prohibition1 does not prohibit the inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment2. In order for a punishment to be 'degrading'3 the humiliation or debasement involved must attain a particular level, and the assessment of whether this particular level has been reached is relative: it depends on all the circumstances of the case and, in particular, on the nature and context of the punishment itself and the manner and method of its execution4. Some forms of corporal punishment have been found to violate Article 3, including the birching