反对人权惩罚的案子
1Professor of Human Rights Law, Birmingham Law School, University of Birmingham, Birmingham, United Kingdom.
概括
这篇文章反对使用刑事措施来保护人权. 它揭示了如何人权惩罚,尽管旨在实现有效性和问责制,但可以破坏它寻求维护的原则.
科学领域:
- 法律研究 法律研究
- 人权法 人权法 人权法
- 犯罪学 犯罪学
背景情况:
- 人权保护往往依赖于惩罚机制.
- 这种方法被有效性,问责制和平等保护的要求所证明是合理的.
- 刑事法律和惩罚经常被视为解决侵犯人权问题的首要工具.
研究的目的:
- 提出基于人权的论点,反对在人权保护中使用刑事制度.
- 批判性地检查将刑事措施纳入人权框架的根本理由.
- 分析人权惩罚的潜在负面后果.
主要方法:
- 对人权惩罚的概念进行批判性分析.
- 审查使用刑事机制对人权的所谓好处.
- 对有效性,问责制和平等保护论据的解构.
主要成果:
- 依赖惩罚机制 (人权惩罚) 可能会产生反作用.
- 有效性,问责制和平等保护的合理性往往无法通过刑事方法得到满足.
- 人权惩罚可能会破坏人权保护的核心原则.
结论:
- 需要基于人权的对处罚的批评.
- 应该探索保护人权的替代或补充方法.
- 目前依赖刑事措施可能会损害实现真正的人权.
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