Search results for "degrading treatment"
showing 5 items of 5 documents
La prohibición de la tortura: Condenas del TEDH al estado español por la violación del artículo 3 del CEDH en su vertiente procesal
2018
The European Court of Human Rights (ECtHR) has recently condemned the Spanish State for an infringement of the third article of the European Convention of Human Rights. As a result, the number of condemns to the Spanish State have increased to ten due to violation of the procedural limb of the mentioned article. In other words, because of the non-effective investigation of possible torture cases. The main objective of this paper is to expose the cases and the doctrine that ECtHR has established around this obligation derived from the prohibition of the torture.
Life Imprisonment Without Prospect of Release: Comparative Remarks from a Human-Rights Perspective
2019
Life imprisonment without prospect of release is a penalty experiencing remarkable success today, especially in Europe. However, certain human rights bodies have recently begun to assert that this penalty runs counter the so-called ‘right to hope’, derived by way of interpretation from the right not to be subject to inhuman or degrading treatment. The purpose of the present contribution is to shed light on the potential and the limits of such trend by analyzing the case-law of universal (such as the UN system) and regional (the European system, the Inter-American system; the African system) bodies.
Przesłanka eugeniczna (embriopatologiczna) jako przesłanka legalnego przerywania ciąży – glosa do wyroku trybunału konstytucyjnego z 22.10.2020 r. (k…
2020
Eugenic (embryopathological) premise as a premise for legal termination of pregnancy – commentary to the judgment of the Constitutional Tribunal of 22.10.2020 (K 1/20) This study is a gloss to the judgment of the Constitutional Tribunal of October 22, 2020, in which the Tribunal declared the so-called unconstitutional eugenic (embryopathological) premises as a premise for legal termination of pregnancy. The adopted research methodology was as follows. Firstly, it was analyzed whether the right whose infringement is legalized by the ordinary legislator constitutes a constitutional value. Secondly, the problem boiled down to the question of whether the legalization of infringements of this ri…
Nessuna speranza senza collaborazione per i condannati all’ergastolo ostativo? Un primo commento a Viola c. Italia (n. 2)
2019
The paper deals with a recent judgment delivered by the European Court of Human Rights dealing with the compatibility of the Italian "ergastolo ostativo" (life imprisonment without parole) with Article 3 of the European Convention on Human Rights.
Article 4 of the Charter of Fundamental Rights of the European Union on the prohibition of torture and inhuman or degrading treatment or punishment
2022
In this publication, I comment you on article 4 of the Charter of Fundamental Rights of the European Union on the prohibition of torture and inhuman or degrading treatment or punishment