A v UK 25599/94 [1998] ECHR 85

A had been beaten by his step-father more than once with a garden cane, treatment which, on the facts, reached the level of severity prohibited by Article 3; in English law reasonable chastisement is a defence to assault, and a jury acquitted the step-father on this basis; the UK had failed in its positive obligation to provide protection from breaches of Article 3.


This case is just an example of the positive obligation on the state to put in place a system to protect its citizens from breaches of the Convention.

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