This contribution provides a brief analysis of some of the key cases where recourse to human dignity has been central to the finding of an Article 3 ECHR violation. These cases are notable for the way in which human dignity is used, in conjunction with the recognition of especial vulnerability, to expand and broaden the scope of protection. In addition, human dignity is being used to prohibit treatment that would entail an abuse of the vulnerability of the victim by the state, even though no material harm is experienced by the victim. As it is only possible to offer an analysis of a small sample of these cases, this contribution focuses on those representing a substantial evolution or exemplifying a sustained pattern in the judicial use of human dignity. The cases that have been chosen also reflect the main themes covered throughout this special issue.
|Journal||European Human Rights Law Review|
|Publication status||Accepted for publication - 20 Mar 2019|