This book analyses and reconstructs the European Convention on Human
Rights standard of application and execution of preventive deprivation
of liberty. Acts of international law were drafted at a time when
guarantees for the protection of the personal liberty of individuals
were primarily associated with custodial sentences. However, the
essence, nature, and purpose of preventive deprivation of liberty,
which are fundamentally different from those of imprisonment, also
require a different approach to the assessment of the minimum standard
and guarantees for the protection of personal liberty and other rights
and freedoms. This work determines the minimum guarantees for the
protection of liberty and other rights and freedoms of a person in
determining the legal basis and procedure for the application and
execution of this measure. It presents guidelines on how the
substantive prerequisites for preventive deprivation of liberty and
the procedure for its application should be constructed in order to
meet the European Convention on Human Rights standards. It also
provides guidance on how the conditions and rules for preventive
deprivation of liberty should be organised in order to protect
individuals from inhuman or degrading treatment, or disproportionate
restriction of their rights or freedoms. Finally, this work also
discusses how the lawfulness of the imposition or continuation of a
measure of preventive deprivation of liberty should be reviewed. This
book will be of interest to academics, researchers, and
policy‑makers working in the areas of Constitutional, Criminal,
Medical, and Human Rights Law.
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The European Convention on Human Rights Perspective
Produktdetaljer
ISBN
9781040112823
Publisert
2024
Utgave
1. utgave
Utgiver
Vendor
Routledge
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter