N v United Kingdom [2008] ECHR 453 is an ECHR human rights case, concerning the lawfulness of deporting an individual in the UK with serious health issues.

N v United Kingdom
CourtEuropean Court of Human Rights
Citation[2008] ECHR 453
Keywords
Health, deportation, exceptional circumstances

Facts

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A Ugandan citizen with HIV/AIDS claimed deportation to Uganda would be inhuman and degrading under ECHR article 3, because she would be unlikely to get health treatment. Without treatment she would stay alive for 2 years, with treatment for decades, almost as normal.

The House of Lords [2005] UKHL 31 agreed her case was not sufficiently exceptional, to justify halting deportation.

Judgment

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The European Court of Human Rights agreed with the House of Lords that the case was not exceptional, in contrast to the case of D v United Kingdom (1997) 24 EHRR 423.

... Article 3 does not place an obligation on the Contracting States to alleviate such disparities through provision of free and unlimited health care to all aliens without a right to stay within its jurisdiction. A finding to the contrary would place too great a burden on the Contracting States.

See also

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Notes

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References

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