Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture, inhuman or degrading treatment was used by the European Court on Human Rights to prohibit the return of an Afghani family to Italy in the Tarakhel v. Switzerland case because, if they had been returned to Italy, they would have faced inadequate accommodation in reception centres for asylum seekers. Since Article 3 ECHR does not allow any exceptions or limitations, not providing emergency accommodation to any individual, regardless of residence status, would be a breach of the ECHR.

 

To read the full case, click here.

Jurisdiction: 
Council of Europe - European Court of Human Rights
Subject: 
Free Movement
Cruel inhuman and degrading treatment
Right to dignity