The Article 3 prohibition1 imposes a positive protective obligation on the state to take reasonable operational measures to protect individuals against Article 3 treatment of which the authorities have or ought to have knowledge2. This obligation is closely related to the duty to protect individuals against risks to their lives arising under the Article 2 right to life guarantee3. As with the obligation under the Article 2 guarantee, the precise circumstances in which the protective or 'operational' obligation under the Article 3 prohibition will arise remain somewhat uncertain4. The obligation under the Article 2 guarantee has been found to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234