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Open Access. Powered by Scholars. Published by Universities.®

2021

Human Rights Law

Northwestern Pritzker School of Law

European Convention on Human Rights

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Full-Text Articles in Law

Debunking The Deathbed Analysis: Exploring A New Approach To Article 3 Health Cases, Meredith Heim Jul 2021

Debunking The Deathbed Analysis: Exploring A New Approach To Article 3 Health Cases, Meredith Heim

Northwestern Journal of Human Rights

This essay will explore Article 3 of the European Convention on Human Rights (ECHR) as it has been applied to deportation cases of persons in poor health, with the ultimate goal of answering the following question: Whether the deportation of a person to a place where she or he will not receive adequate health care should constitute a violation of ECHR Article 3. Further, this article will suggest how the European Court of Human Rights (ECtHR) and the national courts below them can better review such cases in order to provide more meaningful protection to those inflicted. In doing so, …