Criminal law occupies a central role in the “prism” of human rights, given the relevant impact of trial and punishment on the personal sphere of individuals, which may be instrumentalised in the name of security claims for political purposes. It is no coincidence that during the Age of Enlightenment the main fundamental guarantees of criminal law were enshrined in human rights declarations, with an approach now widely accepted at an international level. In fact, the “dialogue” between national and supranational Courts in this domain has been a key element in contemporary times in the development of criminal law, leading not only to the implementation of fundamental guarantees – even through the redefinition of their field of application – but also to the promotion of criminalisation in order to protect certain human rights
alessandra santangelo (2023). Criminal Justice in the Prism of Human Rights. Antwerpen : Maklu.
Criminal Justice in the Prism of Human Rights
alessandra santangelo
2023
Abstract
Criminal law occupies a central role in the “prism” of human rights, given the relevant impact of trial and punishment on the personal sphere of individuals, which may be instrumentalised in the name of security claims for political purposes. It is no coincidence that during the Age of Enlightenment the main fundamental guarantees of criminal law were enshrined in human rights declarations, with an approach now widely accepted at an international level. In fact, the “dialogue” between national and supranational Courts in this domain has been a key element in contemporary times in the development of criminal law, leading not only to the implementation of fundamental guarantees – even through the redefinition of their field of application – but also to the promotion of criminalisation in order to protect certain human rightsI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.