Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence – Oxford Human Rights Hub

Posted January 17th, 2018 in deportation, human rights, medical treatment, news by sally

‘In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445, the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw regarding the test for a breach of Article 3 ECHR in medical removal cases, finding that it was inconsistent with domestic precedent.’

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Oxford Human Rights Hub, 15th January 2018