HUMAN DIGNITY IN CRIMINAL PROCEEDINGS. RELEVANT DECISIONS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS
HUMAN DIGNITY IN CRIMINAL PROCEEDINGS. RELEVANT DECISIONS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Summary/Abstract: This article is intended to analyse and identify the relation between human dignity and the violation of some human rights which might occur in the course of criminal proceedings, during the criminal prosecution phase, in the trial phase, as well as in the phase of enforcement of custodial sentences. For this purpose, the article highlights several key decisions of the European Court of Human Rights and the Inter American Court of Human Right that found a violation of human dignity during the criminal proceedings phases and lays down the role which should be played by human dignity in any legal system. A particular importance in this study is attached to the requirements arising from the provisions of Article 2 of the European Convention of Human Rights and Article 4 of the American Convention of Human Rights concerning the right to life and those of Article 3 of the European Convention of Human Rights concerning the prohibition of torture and of inhuman or degrading treatment or punishment, which have been highlighted in the presentation of the case law.

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