D. v. the United Kingdom (1997) ECHR 25

This case of D is probably one of the most well-known and widely-sighted cases.

In the case of Article 3 medical claims based on physical illness, the threshold was set by D v United Kingdom (1997) 24 EHRR 423.

It meant that the previous threshold test for Article 3 medical claims were unattainably high –

Firstly, there must be exceptional circumstances.

Secondly, it must be shown that the applicant would be exposed to a real risk of dying under most distressing circumstances.

And thirdly, a critical stage must be reached in the applicant’s illness, and the applicant should basically be on their deathbed.

For more information on this test and the D case generally, please read it in full here: https://www.bailii.org/eu/cases/ECHR/1997/25.html

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