THE CONVICTS’ RIGHT TO LIFE DURING SERVING OF THEIR SENTENCES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article focuses on the analysis of the right to life. It reviews international human rights acts and national laws, provides scientific views on the right to life concept. It is noted that in the last years the penitentiary law experts have also been studying the right to life. This raises a rather pressing concern as convict’s right to life is not always respected and sometimes is blatantly violated. In that regard, the author notes that enactment of the human right to life is mandatory for any democratic and law-based state. This is not enough though. That is why the author focuses on the commitment of the state to create the necessary and sufficient conditions that guarantee convicts preserving of their right to life during serving of their sentences and put in place an effective tool that deters violations. A particular attention is given to studying and analysis of causes of suicides among convicts. It is said that this clearly constitutes infringement of the right to life on the state’s part as the above individuals are controlled by the state and the state is responsible for preserving their right to life by taking adequate measures to prevent suicides among convicts. Basing on the analysis of the existing penitentiary law of Ukraine, it is concluded that despite the significance and importance of the right to life, it is only guaranteed by the Constitution and still is not addressed as one of the key rights of convicts as required by the Part 1, Article 8 of the Penal Enforcement Code of Ukraine. This gives basis to make conclusions and proposals aimed at improving the penitentiary law of Ukraine.
Authors and Affiliations
О. В. Гальцова
Keywords
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