Set out in detail, using case law examples, the right and its scope that applies to cruel, inhuman and degrading treatment under the European Convention on Human Rights (ECHR).

Constitutional and administrative law

Jane Smith in the UK asserts that she has been subjected to cruel, inhuman and degrading treatment by a public authority. Although she is angry about this, she is unsure of what action she might be able to take or what rights she may have. She has heard of judicial review but doesn’t want to be a nuisance for the courts. Jane’s friend is not affected by the alleged rights violation but feels an injustice is occurring that needs to be addressed. She therefore wants to bring a judicial review claim to highlight the injustice and get remedy for Jane.

Question 1:
Set out in detail, using case law examples, the right and its scope that applies to cruel, inhuman and degrading treatment under the European Convention on Human Rights (ECHR).

Question 2:
Set out the process and conditions for bringing a judicial review claim, looking at both standing and merits.

Question 3:
Can Jane’s friend successfully bring a claim to highlight Jane’s situation and seek remedy? Explain your answer.

Question 4:
Would the position in Q3 be different if Jane was not willing to pursue judicial review based on her having a well-founded fear of persecution by the UK state? Could Jane’s friend, or any person or body other than Jane, now successfully bring a claim? Explain your answer.