Positive Obligations Under Article 3 ECHR A Bypass to Criminal Policy?
Positive Obligations Under Article 3 ECHR A Bypass To Criminal Policy?

Author(s): Gerhard Fiolka
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: criminal policy; individuals; general trends; fundamental rights
Summary/Abstract: The article examines the extension of positive obligations to the duty to prevent ill-treatment amongst individuals. The extension of scope of application of article 3. The imposition of specific dogmatic concepts to states. Naïve perception of effectiveness of criminal law provisions. Analysis based on «general trends». Cultural imperialism and insensitivity to differences in societies. Unified approach to behaviour as a cluster risk.

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