Treatment or punishment of degrading treatment, inhuman treatment or punishment and torture: destinguishing of concepts
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 3, Issue 3
Abstract
The author has considered types of behavior or punishment, prohibited art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, namely: the treatment or punishment of degrading treatment, inhuman treatment or punishment and torture. Investigating the judgment of the European Court of Human Rights, an attempt was made to delimit those concepts. Particular attention is paid to national standards in the field of freedom from torture. Based on the judgment of the European Court of Human Rights, the doctrine of the "minimum level of cruelty" has been analyzed. It has been shown that torture and other cruel forms of abuse and punishment, which respect the dignity of a person, are considered by the international community as a gross violation of human rights and are an imperative norm that does not provide for exceptions.
Authors and Affiliations
Olena Orlova
Keywords
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- EP ID EP328271
- DOI 10.31733/2078-3566-2017-3-62-68
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