THE OBSERVANCE OF FUNDAMENTAL HUMAN RIGHTS. THE DEATH PENALTY AND CORPORAL PUNISHMENTS. THE PROHIBITION OF TORTURE AND INHUMAN OR DEGRADING PUNISHMENTS
Corporal punishments by and large and death penalty specifically raise serious problems as to respecting human dignity and the fundamental human rights. The supreme courts of the UN member states quasi-unanimously consider that the death penalty infringes on the absolute ban of torturing, inhuman...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_006.pdf |
| Summary: | Corporal punishments by and large and death penalty specifically raise serious problems as to respecting human
dignity and the fundamental human rights. The supreme courts of the UN member states quasi-unanimously consider that the
death penalty infringes on the absolute ban of torturing, inhuman or degrading treatments due to the pain and psychological
suffering they cause to the sentenced people who may wait for years in a row or even decades, more often than not in isolation
and in an uncertain legal situation. Human rights represent a concept that develops rapidly, and most bodies for monitoring
the international and regional treaties apply a dynamic interpretation of the law on treaties concerning the human rights. From
the historical point of view, the protection standard granted by the absolute prohibition of torture and cruel, inhuman or
degrading punishments is the result of a progressive and dynamic interpretation, according to the evolution of the society
This publication aims at describing the constantly evolving standards, according to which the death penalty or the
corporal punishments, largely accepted decades ago, have become the contemporary equivalent of torture or inhuman or
degrading treatment. Thus, they anticipate the establishment of international norms that would absolutely forbid the use of
such punishments. |
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| ISSN: | 2068-7796 2068-7796 |