Price v. UK (Application No. 5493/72)
Facts
Price, who is four-limb deficient, alleged that her treatment within prison and the failure to provide appropriate provisions amounted to degrading treatment under Article 3 (freedom from degrading treatment).
Held
Price’s treatment constituted degrading treatment. Judge Greve noted, in her separate opinion, with reference to Thlimmenos, that the applicant’s treatment in this situation also amounted to discrimination.
Key jurisprudence
- Judge Greve noted in her separate opinion that “the applicant is different from other people to the extent that treating her like others is not only discrimination but brings about a violation of Article 3.”
- Judge Greve further held that “compensatory measures come to form part of the disabled person’s physical integrity”, such that to deprive Price of these measures was a violation of her right to freedom from degrading treatment.
Analysis
Despite the fact that Price did not claim under Article 14 (non-discrimination), and so there was no finding of a violation on grounds of discrimination, Judge Greve’s opinion is invaluable in that it follows the jurisprudence in Thlimmenos that a failure to “treat differently persons whose situations are significantly different” constitutes discrimination under Article 14.
Related cases
- Chapman
- Thlimmenos
