Human Dignity in the Criminal Proceedings - Interpretation of the European Court of Human Rights

Matić Bošković, Marina (2020) Human Dignity in the Criminal Proceedings - Interpretation of the European Court of Human Rights. In: Yearbook. No. 3, Human rights protection : the right to human dignity. Provincial Protector of Citizens - Ombudsman ; Institute of Criminological and Sociological Research, Novi Sad ; Belgrade, pp. 61-74. ISBN 978-86-80756-36-3

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Abstract

After World War II the human dignity entered in the field of human rights and was included in international human rights instruments, as well as in the national Constitutions. The paper examines notion of human dignity in criminal law and in criminal procedure in particular. The focus is on the analysis of some issues that may arise in situations such as detention, statement obtain through coercion, lifetime imprisonment and how concept of human dignity influenced regulation of these issues. The author elaborates practice of the European Court of Human Rights and how interpretation of dignity evolved over time in these specific group of cases. Jurisprudence of Serbian Constitutional Court as well as courts of general jurisdiction has to be developed and harmonized in the area of interpretation of human dignity, so the caselaw of the European Court of Human Rights should be used as guideline in this regard.

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