A positive take on the legacy of the 1978 judgment in Ireland v. United Kingdom

Webster, Elaine (2019) A positive take on the legacy of the 1978 judgment in Ireland v. United Kingdom. OUP, Oxford.

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Abstract

In September 2018, a request by the Irish Government to refer the Ireland v. United Kingdom revision case to the Grand Chamber of the European Court of Human Rights (ECtHR) was refused, closing a door that had been reopened after forty years. The fact that the ECtHR arrived at a finding of inhuman and degrading treatment ‘only’ has been maligned. In this post, I’d like to highlight an alternative perspective and suggest that this judgment elevated the gravity of the ‘other’ forms of treatment and set in motion a pioneering approach to the interpretation of Article 3 ECHR.