让别人失望

IF 0.4 Q2 Social Sciences
J. Vorhaus
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引用次数: 0

摘要

根据《欧洲人权公约》第3条,绝对禁止有辱人格的待遇和处罚。本文考察了这类待遇和处罚的本质及其固有的错误。提交欧洲人权法院(法院)的案件相当于第3条规定的有辱人格的待遇和处罚,包括审讯、监禁条件、体罚、脱衣搜查和未提供适当保健的情况。本院承认监禁中普遍存在的退化现象,并不认为这违反了第3条,但它也确定了一个阈值,在这个阈值上,退化现象是如此严重,以致超过这个阈值的惩罚是不允许的。我对法院将不允许的堕落视为一种象征性的尊严损害的概念作一说明。受害者被当作低人一等的人对待,仿佛他们没有人应有的地位,既没有得到尊严的对待,也没有得到尊严应有的尊重。贬损是一个关系概念:受害者在受到贬损意图或具有贬损效果的待遇后,在他人眼中被贬损。因此,我认为,这是对法院在确定违反第3条的惩罚时所采用的退化概念的最好解释。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Bringing People Down
Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.
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来源期刊
自引率
0.00%
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期刊介绍: Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics. The journal encourages a variety of methodological and theoretical approaches and is a crucial resource for criminal law professionals in both academia and the criminal justice system. The journal publishes thematic forum sections and special issues, full-length peer-reviewed articles, book reviews, and occasional correspondence.
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