The right to hope of European Court of Human Rights
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Abstract (EN)
Life imprisonment is seriously questioned in terms of international human rights law. The reflections of this questionnaire force the change of positive law, as well as the decisions of national and international courts. These decisions, which criticized the lack of opportunities for the release of life imprisonment prisoners, have been examined in this study, together with the main points of objection. However, the decisions of the European Court of Human Rights in this matter are of special importance. Because, in areas that affect the general principles of international human rights law, the Court has the power to intervene in domestic law. Because decisions made must be made in term of member states. Considering some concerns about the sovereignty of the member states in this regard, analyzing the Court's decisions has a different meaning. Generally, there is no concept of right to hope in the European Convention on Human Rights. However, the Court dynamically interprets that individuals must receive a sentence of up to death. In this sense, a sentence of imprisonment for life imprisonment without the possibility of being evicted is handled together with the torture discipline of Article 3 of the Convention. Because this punishment carries the potential to create contradictions to human dignity and torture because it lasts until the moment of death. In this respect, the Court has created the conditions referred to as the standards of Article 3 of the Convention as the cornerstones of the concept of right of hope. The inspection carried out by the Member States through the Convention is generally carried out according to these criteria.
Author
Mustafa Günebakan
How to Cite
Mustafa Günebakan (Master Thesis). The right to hope of European Court of Human Rights, 2018, Gaziantep University.
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