To What Extent Does the Privatisation of UK Detention Centres Cause the Erosion of the Article 3 ECHR Rights of Female Migrant Detainees and the Accountability of the State in Relation to This?

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Article 3 is the absolute right to be free from subjection to torture and inhuman and degrading treatment. This chapter argues that privatisation has caused the erosion of the Article 3 rights of female migrant detainees because the system is less transparent and so the state is not properly held to account. This is particularly evident in the case law that has found the state to be in breach of Article 3 due to the inhuman and degrading treatment of detainees in relation to neglect for their vulnerable mental health by the Home Office. Furthermore, the erosion of Article 3 rights as a result of privatisation is also clear in the allegations of sexual violence that have been levelled at the private employees of UK detention centres by various female migrant detainees.