Information Note on the Court’s case-law No.
September 1998
A. v. the United Kingdom - 25599/94
Judgment 23.9.1998
Article 3
Degrading punishment
Positive obligations
State responsibility for beating of child by stepfather: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 3 OF THE CONVENTION
Beating with garden cane applied with considerable force on more than one occasion reaches level of severity prohibited by Article 3.
States required to take measures designed to ensure individuals not ill-treated in breach of Article 3 by other private individuals – children entitled to protection, through effective deterrence, against such treatment.
Application of defence of “reasonable chastisement” did not provide adequate protection.
Conclusion: violation (unanimously).
II.ARTICLE 8 OF THE CONVENTION
In view of finding under Article 3, not necessary to examine complaint under Article 8.
Conclusion: not necessary to examine complaint (unanimously).
III.ARTICLES 13 AND 14 OF THE CONVENTION
Complaint not pursued.
Conclusion: not necessary to examine complaint (unanimously).
IV.ARTICLE 50 OF THE CONVENTION
A.Non-pecuniary damage: sum awarded.
B.Costs and expenses: awarded on equitable basis.
Conclusion: respondent State to pay specified sums to applicant (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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