Shyshkina E. Conception of prohibition of ill-treatment and its evolution in the activities of the Council of Europe.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003163

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

12-06-2009

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

In the thesis the author has analyzed process of establishment and development of viewpoints on the category of human dignity as an object of protection against state infringements and core of the conception of prohibition of ill-treatment. The author has studied essence of the named conception, defined its fundamental principles and components contained in the instruments of institutions of the Council of Europe. The author has researched legal tools of realization of this conception which have institutions of the Council of Europe. The significant attention has been paid to interpretation of notions: "torture", "inhuman treatment or punishment" and "degrading treatment or punishment" contained in the decisions of the European Court of Human Rights concerning ensuring and observance of human rights of imprisoned persons, set forth in the recommendations of the European Committee against torture, inhuman or degrading treatment or punishment, and the negative and positive obligations of states. A number of provisions and recommendations in order to improve legislation of Ukraine and judicial practice in the sphere of ensuring a person's right to respect of its dignity and prevention of ill-treatment have been formulated.

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