{"id":3311,"date":"2018-01-18T08:53:36","date_gmt":"2018-01-18T08:53:36","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=3311"},"modified":"2018-08-15T12:41:48","modified_gmt":"2018-08-15T11:41:48","slug":"european-convention-for-the-protection-of-human-rights-and-fundamental-freedoms","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/human-rights-law\/regional-human-rights-instruments\/european-convention-for-the-protection-of-human-rights-and-fundamental-freedoms\/","title":{"rendered":"European Convention for the Protection of Human Rights and Fundamental Freedoms"},"content":{"rendered":"\n
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European Convention for the Protection of Human Rights and Fundamental Freedoms<\/h2>\n\t<\/div><\/div><\/div>\n\n\n
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All 47 Council of Europe member states have ratified the\u00a0European Convention for the Protection of Human Rights and Fundamental Freedoms<\/a>. Relevant provisions include the prohibition of torture and \u201cinhuman or degrading treatment or punishment\u201d (article 3) and guarantees of the rights to private and family life (article 8), an effective remedy (article 13) and non-discrimination (article 14).<\/p>

The European Court of Human Rights has progressively condemned corporal punishment, in a series of judgments since the 1970s.[1] In\u00a0Tyrer v UK<\/a>\u00a0(1978), brought by a 15-year-old in the Isle of Man, the Court ruled that the judicial \u201cbirching\u201d to which he had been subjected constituted \u201cdegrading punishment\u201d within the meaning of article 3 of the Convention. The Court did not examine the question of whether there had also been a violation of the applicant\u2019s right to non-discrimination on the grounds of sex and\/or age (because of the provisions in law which specifically allowed for judicial corporal punishment of males aged under 21). Following the judgment, those with the power to give sentences of corporal punishment in the Isle of Man were informed by the Government that judicial corporal punishment was in breach of the European Convention, although it was 23 years before, in 2001, the legislation allowing for the imposition of sentences of corporal punishment was repealed.<\/p>

The legality of school corporal punishment in the UK was challenged in\u00a0Campbell and Cosans v UK<\/a>\u00a0(1982),\u00a0Y v UK<\/a>\u00a0(1992),\u00a0Costello-Roberts v UK<\/a>\u00a0(1993) and other applications:<\/p>