Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The right in Article 4 is the right guaranteed by Article 3 of the ECHR, which has the same wording: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’. By virtue of Article 52(3) of the Charter, it therefore has the same meaning and the same scope as the ECHR Article.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
C. K., H. F., A. S. v Republika Slovenija
Actiones - Handbook Module 5 Asylum and Migration
Actiones - Handbook Module 7 Criminal Law
Case Study - Removal of persons suffering from serious mental or physical illness
Case Study - Detention of asylum seekers on grounds of national security and public order
The application of the EU Charter of Fundamental Rights to asylum procedural law
An Introduction to the Common European Asylum System for Courts and Tribunals. A Judicial Analysis
Case study - Transfer under Dublin regulation
Case Study - To surrender or not to surrender?
Case study - Dublin? Transfer?
Case Study - Discretionary clause