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Author: Antônio Augusto Cançado Trindade Publisher: OUP Oxford ISBN: 0191029556 Category : Law Languages : en Pages : 267
Book Description
This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
Author: Antônio Augusto Cançado Trindade Publisher: OUP Oxford ISBN: 0191029556 Category : Law Languages : en Pages : 267
Book Description
This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
Author: Teresa C. Silva Publisher: Policy Press ISBN: 1447370929 Category : Law Languages : en Pages : 356
Book Description
EPUB and EPDF available open access under CC-BY-NC-ND licence. How can we use evidence to improve deradicalisation and violence prevention outcomes? Based on work developed during the implementation of the cross-European INDEED project, this is an essential reference book for practitioners, researchers and policy makers. It sets out the three pillars of best evidence-based practice – scientific evidence, professional judgement and consideration of clients’ preferences, values and beliefs. Demonstrating both successful and unsuccessful approaches with case studies from the field, the book offers practical strategies for prevention teams designing and evaluating their programmes.
Author: Shlomo Giora Shoham Publisher: CRC Press ISBN: 1420085484 Category : Law Languages : en Pages : 734
Book Description
In the nearly four decades since the First International Symposium on Victimology convened in Jerusalem in 1973, some concepts and themes have continued to hold a prominent place in the literature, while new ones have also emerged. Exploring enduring topics such as conceptions of victimhood, secondary and hidden victimization, and social services f
Author: Tony Peters Publisher: Leuven University Press ISBN: 9789058671813 Category : Law Languages : en Pages : 466
Book Description
This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.
Author: Janice Joseph Publisher: Springer Nature ISBN: 3030416224 Category : Social Science Languages : en Pages : 339
Book Description
This festschrift in honor of the work and legacy of Dr. Marc Groenhuijsen provides an international and holistic overview of recent developments in victimology, taking a global scope but grounded in everyday experiences of victims. Its multidisciplinary perspective reflects a range of approaches and practices in victimology, including contributions from the fields of social work, criminology, sociology, psychology, and law. Firstly, the volume introduces new perspectives in victimology, and then analyzes different forms of victimization in countries worldwide. It gives special attention to victims’ rights and participation in the criminal justice system, detailing victim-centered approaches to justice through practices such as restorative justice and restitution. Highlighting the growth and development of victimology from a specialization in criminology to an academic discipline in its own right, this book reflects the range of approaches and depth of scholarship in the field. This will be an essential resource to students of victimology, researchers, policy makers, and victim’s advocates.
Author: Stefano Manacorda Publisher: Ministerio de Justicia ISBN: 9788484276876 Category : Law Languages : en Pages : 820
Book Description
If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Author: Antônio Augusto Cançado Trindade
Author: Antônio Augusto Cançado Trindade
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Author: Teresa C. Silva
Author: Ezzat A. Fattah
Author: Shlomo Giora Shoham
Author: Tony Peters
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Author: Janice Joseph
Author: Stefano Manacorda
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