Public prosecutors and the right to personal liberty: An analysis of the jurisprudence of the UN Human Rights Committee and the European Court of Human Rights
| Autor: | Laura-Stella Enonchong |
|---|---|
| Rok vydání: | 2022 |
| Předmět: |
Public Prosecutors
Sociology and Political Science Political Science and International Relations Right to Personal Liberty Article 9(3) ICCPR Independence and Impartiality Article 5(3) ECHR Law Right to Personal Liberty Public Prosecutors Article 9(3) ICCPR Article 5(3) ECHR Independence and Impartiality |
| Zdroj: | Netherlands Quarterly of Human Rights. 40:222-243 |
| ISSN: | 2214-7357 0924-0519 |
| DOI: | 10.1177/09240519221115280 |
| Popis: | The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link. open access article This article discusses the approach of the United Nations Human Rights Committee (HRC) and the European Court of Human Rights (ECtHR) to interpreting and applying the right to personal liberty, in particular, the judicial control of deprivation of liberty by public prosecutors. It appears that both institutions adopt an interpretative approach that aligns with the object and purpose of the right. However, in the application to individual cases, unlike the ECtHR, the HRC fails to clarify the substantive requirements for the independence and impartiality of the public prosecutor. That situation may ultimately undermine a more effective attainment of the object and purpose of the right to personal liberty. The article argues for the HRC to adopt a more systematic approach to interpreting and applying that right in particular and the provisions of the ICCPR in general. |
| Databáze: | OpenAIRE |
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