Scottish Human Rights Law Group

The Inner House denied that sexual abuse committed against a minor by a relative within the family home fell within the ambit of Article 3, noting as follows:

“Looking at the provisions of Article 3 of the Convention, which is of course headed ‘Prohibition of torture’, it is provided that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. As we would understand that article, its core content reflects a concern with the infliction of torture, or inhuman or degrading treatment or punishment, in many cases, but not exclusively, by organs of authority. We do not see the commission of a crime involving the achievement of sexual gratification by an individual as readily coming within the ambit of that article. Of course, where torture or inhuman or degrading treatment or punishment is inflicted by an organ of authority in a state, that will, frequently, also involve the commission of a breach of the criminal law by those persons actually responsible, which may fall within the ambit of Article 3 of the Convention. But, in any event, as we see it, the 1996 Scheme is distinct and separate from the core content of Article 3 of the Convention, in respect that its purpose was to provide compensation in a financial sense to certain victims of criminal conduct. Thus, looking at the matter for ourselves, we are unable to hold that the subject-matter of the reclaimer’s case falls within the ambit of Article 3.” 

This is available to view here