The Notion of “Human Dignity” in the Recent Migration Case-Law of the European Court of Human Rights: A Tool to Extend the Scope of Article 3 ECHR?

Abstract

The contribution discusses the migration-related case-law of the European Court of Human Rights in which a violation of the prohibition of torture, inhuman or degrading treatment has been found, with a view to verifying whether – and if so, to what extent – the concept of human dignity is used by the Court to expand the protection of migrants within the scope of Article 3 of the ECHR. It will be submitted that human dignity not only plays a crucial role in the assessment of living conditions under Article 3 of the European Convention of Human Rights but, at least in certain cases, also justifies an expansive function of migrants’ rights, including access to a minimum level of social and economic rights.