Davis: Human Rights Law Directions 
Suggested approaches to end of chapter questions
Test bankDavis: Human Rights Law Directions
Chapter 9
Question 1
Consider whether there is state responsibility under the Convention (i.e. a UK obligation at international law, as distinct from under the HRA 1998) for suffering in a private care home. (See, in particular, 9.4.4)
Does it matter that the suffering is not inflicted by a state agent and may not have been inflicted deliberately in order to punish or obtain information, etc? (See 9.8)
If there is responsibility is a breach of Article 3 disclosed and does the treatment meet the threshold of severity? (See 9.2.2 and 9.3., consider examples from 9.8)
Question 2
Is this "torture" or "inhuman treatment"? What are the important points for determining the distinction? (See 9.3) (Consider Ireland v United Kingdom; note that the threshold of severity is context dependent and can change over time; compare with, for example, Aksoy v Turkey and Selmouni v France.)
Can the threshold of seriousness (i.e., both for the relevance of Article 3 and for the "torture" / "inhuman treatment" border) be determined by balancing the public good (perhaps saving the life of the child) with the degree of suffering of the individual? (See 9.3.4).
Would such treatment be justified? (bare in mind that the suspect may be innocent) – consider the debate at the end of 9.5.4.
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