So, as part of my RA duties this summer, I'm reading cases from the European Court of Human Rights to figure out their definition of torture. While all the really obvious stuff has been found torture (rape, beating, etc...), there are some people who have decided that the relevant provision of the Convention for the Protection of Human Rights and Fundamental Freedoms is a legal blank check.
Which brings me to Efstratiou v. Greece. The petitioner, a young Jehovah's Witness (yea, them again. These people pop up in every religion-related lawsuit ever) refused to march in a parade with her school to celebrate the Greeks going to war against Fascist Italy. As punishment for her refusal, the school board suspended her for two days.
Now, I believe there is a lawsuit in here somewhere, and one that would likely win in this country. Compelled speech is a no-no, which is why we don't force students to say the Pledge of Allegiance (or at least we don't suspend them for refusing). However, the Efstratious decided to argue that this was a violation of Article 3 of the Convention, which states:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
Yikes. Stripes. REALLY??? Suspension from school is torture or inhuman and degrading? The social stigma and permanent record status aside, not going to school for a day is hardly the worst thing that could happen. While the reasoning of the school was wrong (and was found to be a violation of the student's rights on other grounds), and while I grant that you're allowed to plead however you'd like, there needed to be someone in that lawyer's office to say (in the words of the AEPi Risk Management speech) "What the Fuck are you Thinking?"
May all your hits be crits,
B
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