Criminal Justice Respecting Human Dignity

Dearing, Albin

doi:10.1007/978-3-319-45048-3_4

Cited by 3 publications

(3 citation statements)

References 26 publications

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“…112 Accordingly, criminal justice must serve to uphold human rights for them to be justified, and human rights cannot be effectively protected without criminal justice. 113 Human dignity is crucial in relation to modern slavery; it is defined as any factual hypothesis in which people are not regarded as the stricto sensu property of their owners. 114 Therefore, no form of human trafficking or forced prostitution can be justified under Article 4 of the Convention.…”

Section: Impossibility Of Justification Of Human Trafficking and Forc...mentioning

confidence: 99%

Human trafficking and forced prostitution under article 4 of the European convention on human rights

Turanjanin,

Stanisavljević

2024

German Law Journal

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We discuss the issue of bringing human trafficking and forced prostitution within the purview of Article 4 of the European Convention on Human Rights. The judgment of the European Court of Human Rights in Rantsev v. Cyprus and Russia marked a turning point by classifying forced prostitution through human trafficking under Article 4. However, in the judgment in S.M. v. Croatia, the ECtHR further reinforced its view that human trafficking and forced prostitution constitute a violation of Article 4. We explain human trafficking and forced prostitution both theoretically and through a number of international legal acts. We then explain Article 4 of the Convention and provide a comprehensive analysis of the material and procedural guarantees against human trafficking and forced prostitution. We also comment on the positive obligations that the ECtHR set for Member States. The authors believe that, despite numerous criticisms, the ECtHR’s position is correct and that both human trafficking and forced prostitution violate the principles of democratic society. Therefore, victims must enjoy the protection afforded by Article 4 of the Human Rights Convention and other conventions if their life situation falls within their scope.

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Section: Impossibility Of Justification Of Human Trafficking and Forc...mentioning

confidence: 99%

Human trafficking and forced prostitution under article 4 of the European convention on human rights

Turanjanin,

Stanisavljević

2024

German Law Journal

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“…Desai (2010) have studied the question of psychological and social welfare at an early age, revealed the characteristics of the measures towards the protection of the underagers taken by the government. Dearing (2017) raises a question of criminal justice based on the respect of human dignity. The researcher emphasises the significance of respecting the rights of a single person, protection of their life and concerns.…”

Section: Introductionmentioning

confidence: 99%

Problems Of Leadership In Pre-Revolutionary Colonies-Shelters In Russia

Senchenkov¹,

Tereshchenkova²

2021

European Proceedings of Social and Behavioural Sciences

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“…In response, it should be recognised that what constitutes the wrong of a violent crime is exactly a violation of the human rights of an individual or individuals. Therefore, what is at stake for victims of violence is not ‘just interests’, but their human dignity and human rights (Dearing, 2017).…”

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confidence: 99%