МОТИВИТЕ НА ЕВРОПЕЙСКИЯ СЪД ПО ПРАВАТА НА ЧОВЕКА ПО ДЕЛОТО BOUYID V. BELGIUM И ТЕХНИТЕ КОРЕНИ В РИМСКАТА И В ЮДЕО-ХРИСТИЯНСКАТА ТРАДИЦИЯ
THE EUROPEAN COURT OF HUMAN RIGHTS 'S REASONING IN THE CASE OF BOUYID V. BELGIUM AND ITS ROOTS IN THE ROMAN AND JUDEO-CHRISTIAN TRADITIONS

Summary/Abstract: In 2015, the ECHR made a decision in Bouyid v. Belgium case that was, to a certain extent, surprising. The Court accepted that the slapping on the faces of two detainees by police officers was a violation of Art. 3 ECHR as it constitutes degrading treatment. Until then, it could be speculated that such minor offenses would not reach the threshold of severity to qualify as a violation of the Convention. However, according to the Court, the person's face expresses his individuality and when an assault on him is not strictly necessary, it constitutes a degrading treatment. This reasoning is based on the modern understanding of human dignity. This report, however, turns to its more distant roots, which can be found in the Roman concept of Humanitas and in the Judeo-Christian understanding of man created in the image of God. Although in these remote times violence against another human being is far more likely to be justified, it was then when the ideas emerged which are the key to a contemporary understanding of human dignity.

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