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Author: Tomasz Sroka
Publisher: Taylor & Francis
ISBN: 104011282X
Category : Law
Languages : en
Pages : 294
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Book Description
This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‐makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.
Author: Tomasz Sroka
Publisher: Taylor & Francis
ISBN: 104011282X
Category : Law
Languages : en
Pages : 294
Get Book Here
Book Description
This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‐makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.
Author: Andrew Ashworth
Publisher: Oxford University Press, USA
ISBN: 0198712529
Category : Law
Languages : en
Pages : 327
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Book Description
Preventative Justice looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.
Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Category : Law
Languages : en
Pages : 380
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Book Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Author: J. Ogg
Publisher: Springer
ISBN: 1137495022
Category : Law
Languages : en
Pages : 191
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Book Description
As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.
Author: Richard Carver
Publisher: Oxford University Press
ISBN: 1781383308
Category : Law
Languages : en
Pages : 688
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Book Description
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Author: Tamara Tulich
Publisher: Taylor & Francis
ISBN: 1317218566
Category : Law
Languages : en
Pages : 255
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Book Description
Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University
Author: Sarah Joseph
Publisher: OUP Oxford
ISBN: 0191650234
Category : Law
Languages : en
Pages : 1042
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Book Description
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191630756
Category : Law
Languages : en
Pages : 1171
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Book Description
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Author: Ziba Vaghri
Publisher: Springer Nature
ISBN: 3030846474
Category : Education
Languages : en
Pages : 429
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Book Description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Author: Council of Europe/Conseil de l'Europe
Publisher: BRILL
ISBN: 9004338926
Category : Law
Languages : en
Pages : 2325
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Book Description
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the Committee of Ministers of the Council of Europe in June 1987. It entered into force in February 1989 and all 47 member States are Parties to the Convention. The Convention has already established itself as an important human rights instrument. Its approach is quite different from that of the European Convention on Human Rights. Whereas the ECHR provides a remedy for particular human rights violations after the event, the Convention for the Prevention of Torture (ECPT) seeks to prevent human rights violations, through a system of visits to places of detention. The Convention is intended to be an integrated part of the Council of Europe system for the protection of human rights, placing a proactive non-judicial mechanism alongside the reactive judicial mechanism established under the ECHR. The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. Part One contains general information. Part Two is about the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT). Part Three is a general report on the activities of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment. Part Four contains reports on visits by the European Committee for the prevention of torture and inhuman or degrading treatment or punishment and responses of governments. Bilingual: English and French; 2-volume set.
