Academic literature on the topic 'Custodial dignity'
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Journal articles on the topic "Custodial dignity"
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Bratiloveanu, Izabela. "RESPECTING THE DIGNITY OF THE HUMAN PERSON IN THE EXECUTION OF SENTENCES AND FREEDOM-DEPRIVING MEASURES RULED BY THE JUDICIARY BODIES DURING A CRIMINAL TRIAL." Agora International Journal of Juridical Sciences 9, no. 4 (February 3, 2016): 25–33. http://dx.doi.org/10.15837/aijjs.v9i4.2329.
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Through Law no. 254/2013 on the execution of punishments and custodial measures ordered by the court in criminal proceedings, continue changing the approach of the treatment of detainees. Transposition of human dignity in the prison environment involves a radical change in conceptions about prison, inmate and his treatment.
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Gupta, Vibhor, and Dr Sachin Rastogi. "Clinical Legal Aid Clinics of Law Colleges for Human Rights and Dignity." Journal of Pharmaceutical Research and Innovation 2, no. 2 (July 12, 2022): 1–4. http://dx.doi.org/10.36647/jpri/02.02.a001.
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Clinical legal aid in law schools and universities should be taken seriously by universities because it provides a platform for resolving the problems of the oppressed, women, children, and other people in need of legal aid that also pertains to human rights. Legal Aid Clinics may be the most authentic source of the dissemination of information pertaining to human rights and human dignity, custodial deaths, torture, and IPR violations. The following topics will be discussed in this research paper: Appointment of Advocates in Law College Faculty for Management of College Legal Aid Clinics; Organization of Legal Aid Clinics in Villages and Jail Visits; Regular Visits of Students and Professors in Jails and Police Stations Index Terms : — Human Dignity, Human Rights, Legal aid clinics.
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Erwin Dwi Kurnia, Fika Rifatus Fadiana, Muhammad Abid Rusydi, Sultoni Fikri, Tomy Michael, Irmasanthi Danadharta, and Muchamad Rizqi. "Legal arrangements on post divorce child custodial." Technium Social Sciences Journal 37 (November 9, 2022): 211–15. http://dx.doi.org/10.47577/tssj.v37i1.7681.
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One of the most important events in human life is marriage. Humans as social beings cannot live alone, therefore to fulfill their biological needs or want to obtain offspring, humans must legally marry according to the laws in force in Indonesia. Regarding marriage in the state of Indonesia as regulated in the applicable laws and regulations. Based on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 article 2 it is said that "Marriage is legal if it is carried out according to the laws of each religion." Disputes over child custody is one of the consequences of the breakup of marriage or divorce between husband and wife. When the divorce leaves a child, according to Burgerlijk Wetboek, children who are not yet adults who are not under parental control must be submitted under guardianship. Based on the research that has been done in Bedalawak Village, in this study the author uses a normative juridical research method. Children are a mandate and gift from God Almighty which in the child is inherent in the dignity and worth as a whole human being. Children are buds, potentials, and the younger generation who will succeed the ideals of the nation's struggle, have a strategic role and have special characteristics and characteristics that ensure the continuity of the existence of the nation and state in the future. Families, parents, government, and society must participate in the care or protection of children. Marriage is a bond that binds two human beings because humans are actually created in pairs. Humans are social creatures, where humans were created by God who cannot live alone and always need the help of others. All families always crave a harmonious family and there is no word of divorce after marriage. One of the noble deeds and should not be damaged and divided by trivial things is marriage.
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Cojocaru, Vladimir. "Profile of detention institutions for the implementation of measures and custodial sentences." National Law Journal, no. 2(244) (December 2021): 93–104. http://dx.doi.org/10.52388/1811-0770.2021.2(244).10.
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Given that penal punishment is applied for the purpose of restoring social equity, correction and resocialization of the convict, as well as deterrence of further crime, it becomes imperative that penal enforcement measures are tailored according to both the specific features of the punishment and the individual characteristics of the convict. Therefore, the system of prison sentence enforcement faces a complex task because deprivation of liberty, by its nature, imposes a range of restrictions and limitations. In the process of enforcing prison punishments, there is a risk that punishment measures might cause physical damage and even downgrade the dignity of the convicted person. This article aims to analyse the current situation in the prison administration system in areas that regard the implementation of the legal provisions on prisoners’ placement according to types of prisons and regimes. Moreover, the paper identifies gaps in the legal frameworks and formulates proposals for addressing the pinpointed issues. The relevance of this topic lies in the fact that the purpose of punishment can be fulfilled only when the system of prison regimes is applied by taking into consideration the individual psychological and social needs of the persons deprived of liberty.
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Deepak. "Police Reforms In India: A Stagnant And Dismal Dream." Legal Research Development: An International Refereed e-Journal 1, no. III (March 30, 2017): 42–52. http://dx.doi.org/10.53724/lrd/v1n3.05.
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In present scenario, India is a democratic country and adopted indirect democracy, where it's citizen can elect from which party they would like to be served as the Preamble of India gives its citizen authority “We The People of India” and elected members are called "Public Servant". India believes in welfare state to promote “Dignity of Individual”, “Unity and Integrity of India”. So the State is under compulsion to uphold welfare state. Police is that agency in the hands of state through which it secures freedom, equality and liberty of every individual who lives in India whether it is Citizen or Non-citizen of India but not a enemy alien. Now a days- committing rape, custodial death, fake encounters, harassment of persons including foreigners are being falsely implicated by police on the basis of corruption and their uninterrupted power and very common in present time. My research paper is useful and beneficial for students, researchers, scholar, professors, agency, government and private department and other establishment. In this research paper, I researched about how the committee's reports on Police reforms are not sufficient to attract the reforms even the judiciary also tried its best to do the job but no result.
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Krasheninnikova, Nina A., and Elena N. Trikoz. "Criminal protection of women’s rights in India: History and modernity." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 230–45. http://dx.doi.org/10.21638/spbu14.2022.113.
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In the unique criminal law model of India, a hybrid combination of principles and institutions of the three legal systems, one of the most odious crimes involves encroaching on the honor, dignity, and sexual integrity of a woman. The authors aim to analyze the criminological principles of the scale and simultaneous latency of violent sexual crimes in India. Cultural and civilizational incentives for the prevalence of rape have been identified, including the historical practice of male polygamy, early child marriage, subordination of a woman in the family, her domestic retreat and “eternal widowhood”, as well as a “gender imbalance” and girls’ infanticide in traditional Hindu families. From the point of view of the systematics of crimes, Indian criminologists distinguish more than ten different categories of “feminine torts”, including sexual assault, are classified as a group of “crimes of passion” (Articles 354, 375–376, 509 of the Indian Penal Code 1860). From the point of view of elemental composition of rape, the objective test is dominant (peno-vaginal penetration) and consists of six alternative conditions of a constitutive element “women’s consent”. The recent innovations in the IPC 1860, which expanded the definition of rape and legalized the concept of “custodial rape” from the judicial practice (Tukaram v. State of Muharashtra 1978), as a special composition of sexual violence using official position. There is a significant expansion of the legislative definition of “violence against women” in the family and at office, as well as the toughening of punishments for violent acts against women, up to the expansion of the grounds for the use of the death penalty.
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Toledo, Cláudia Mansani Queda de, and Lívia Pelli Palumbo. "A EXECUÇÃO DA PENA E A DIGNIDADE DA PESSOA EM CUMPRIMENTO DE PENA PRIVATIVA DE LIBERDADE COM OBSERVÂNCIA AO ESTADO DEMOCRÁTICO DE DIREITO / THE EXECUTION OF THE SENTENCE AND THE DIGNITY OF THE PERSON IN THE EXECUTION OF A CUSTODIAL SENTENCE WITH RESPECT FOR THE DEMOCRATIC RULE OF LAW." Brazilian Journal of Development 7, no. 1 (2021): 3360–84. http://dx.doi.org/10.34117/bjdv7n1-227.
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Ounalli, Heifa, David Mamo, Ines Testoni, Martino Belvederi Murri, Rosangela Caruso, and Luigi Grassi. "Improving Dignity of Care in Community-Dwelling Elderly Patients with Cognitive Decline and Their Caregivers. The Role of Dignity Therapy." Behavioral Sciences 10, no. 12 (November 24, 2020): 178. http://dx.doi.org/10.3390/bs10120178.
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Demographic changes have placed age-related mental health disorders at the forefront of public health challenges over the next three decades worldwide. Within the context of cognitive impairment and neurocognitive disorders among elderly people, the fragmentation of the self is associated with existential suffering, loss of meaning and dignity for the patient, as well as with a significant burden for the caregiver. Psychosocial interventions are part of a person-centered approach to cognitive impairment (including early stage dementia and dementia). Dignity therapy (DT) is a therapeutic intervention that has been shown to be effective in reducing existential distress, mood, and anxiety symptoms and improving dignity in persons with cancer and other terminal conditions in palliative care settings. The aims of this paper were: (i) To briefly summarize key issues and challenges related to care in gerontology considering specifically frail elderly/elderly with cognitive decline and their caregivers; and (ii) to provide a narrative review of the recent knowledge and evidence on DT in the elderly population with cognitive impairment. We searched the electronic data base (CINAHL, SCOPUS, PSycInfo, and PubMed studies) for studies regarding the application of DT in the elderly. Additionally, given the caregiver’s role as a custodian of diachronic unity of the cared-for and the need to help caregivers to cope with their own existential distress and anticipatory grief, we also propose a DT-dyadic approach addressing the needs of the family as a whole.
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Celeste Dias Oliveira Gomes, Vitória. "AUDIÊNCIA DE CUSTODIA E SEUS REFLEXOS NO SISTEMA PENAL BRASILEIRO." Colloquium Socialis 2, Especial 2 (December 1, 2018): 181–86. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0275.
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The custody hearing is characterized by the primary objective of ensuring personal contact of the person arrested with the judge after his arrest in flagrante. The implantation appeared with reproduction existing in international treaties, such as the Pact of San José of Costa Rica, aiming at the human rights of prisoners. Conducted such an audience, by the principles of the Real Truth, Guarantee of the Ample Defense, Presumption of Innocence, Dignity of the Human Person. How to use the legal deductive method, based on the interpretation of rules, according to the literature and the topic addressed, as a general analysis. In the face of a number of reflections, it is concluded that this topic has a great influence on reducing overcrowding in the prison system, on spending on custody of prisoners, as well as on helping the prison system, stimulating alternative means available to the prisoners' others later highlighted.
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Plaksina, Tatyana A. "PUNISHMENT FOR SLANDER." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 50–63. http://dx.doi.org/10.17223/22253513/41/5.
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Federal Law No. 538-FZ of 30 December 2020 substantially tightened the sanctions of the libel article, which previously contained only fines and compulsory labour, by including com-pulsory labour, arrest and imprisonment in most of them. The explanatory memorandum to the bill explained the changes by the need to provide the court with the choice of fair punish-ment, without specifying this provision in detail. As part of the research described in the article, statistics for the Russian Federation for 2013-2020 were taken from the reports of the Judicial Department of the Supreme Court of the Russian Federation to study the practice of punishment for defamation. The analysis showed that law enforcers used the potential of sanctions of Article 128-1 of the Criminal Code in their previous edition to a very limited extent. This was reflected in the high share of fines among penalties imposed, as well as in insignificant amounts of fines even for qualified and especially qualified types of libel, despite the fact that sanctions provide for high maxi-mum fine limits - from RUB 500,000 in part 1 of Article 128-1 of the Criminal Code to RUB 5 million in part 5. In particular, the share of fine among penalties imposed for simple libel was over 85%, and the average fine was equal in 2018 to RUB 11,500. - 11.5 thousand roubles, in 2019 - 13.7 thousand roubles, in 2020. - 16.3 thousand roubles. In 2018, the average fine for public libel (part 2, article 128-1 of the Criminal Code) was 19,500 rubles; in 2020 - 23,100 rubles. - The sanction allowed for a fine of up to 1 million roubles, while the sanction allowed for a fine of up to 1 million roubles. Moreover, over a quarter of those convicted for especially qualified defamation under part 5 of article 128-1 of the Criminal Code were sentenced to a fine of 5,000 rubles, i.e., one thousand times less than the maximum limit established by the sanction. Only in single cases of slander convictions, the fine exceeded 100 thousand rubles. The establishment of custodial sentences for qualified and especially qualified types of defamation seems excessive: a verbal crime against a person's honour and dignity does not require such a harsh criminal legal response. Moreover, the legislator has designed sanctions with too broad a framework, fraught with the risk of arbitrariness in sentencing and the for-mation of contradictory judicial practice (for example, under part 5 of article 128-1 of the RF Criminal Code, both a fine of 5 thousand rubles, and imprisonment for the period of 5 years can be imposed). The inclusion of arrest in the sanction cannot be considered justified, as this type of punishment has not been introduced yet. The optimum way to improve the sanctions for the part 2 to 5 parts of Article 128-1 of the Criminal Code of the RF would be to enhance them with correctional labour and restriction of freedom. These types of punishments corre-spond to the typical level of public danger of qualified and especially qualified types of slan-der and perpetrators of such deeds. Their inclusion in the sanctions would compensate for the disadvantages of the latter, related to the restrictions enshrined in the law on imposing com-pulsory works and large fines.
Dissertations / Theses on the topic "Custodial dignity"
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Bhattacharya, Abhijit. "Protection of the custodial dignity of the accused under the criminal justice system in India : a study of the emerging tends during 1987-2007." Thesis, University of North Bengal, 2010. http://hdl.handle.net/123456789/1368.
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Hur, Nelly-Marine. "La dignité dans l'exécution des peines privatives de libertés." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30035.
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L’analyse de la dignité du condamné dans l’exécution de sa peine privative de liberté suppose d’étudier d’une part les conditions dans lesquelles il exécute sa peine lorsqu’il est incarcéré au sein d’un établissement pénitentiaire, puis d’autre part celles dans lesquelles il exécute sa peine dans la phase post-carcérale. Cependant, la constatation du respect ou de la négation de la dignité du condamné repose sur l’appréciation de l’adaptation et de la proportionnalité de l’atteinte portée à ses spécificités humaines primaires et à leurs supports, à un objectif légitime d’intérêt général. Ainsi, si l’humanisation des conditions de détention permet d’assurer progressivement le respect de la dignité du condamné, sa responsabilisation et la réappropriation de sa condition humaine lui offrent les moyens de promouvoir sa dignité par la stimulation de ses potentialités humaines d’amélioration. La phase d’exécution post-carcérale de la peine privative de liberté semble connaître un mouvement inverse. En effet, si la conception et la mise en œuvre des mesures d’aménagements de peine semblaient garantir le respect et la promotion de la dignité du condamné, l’introduction « d’une éthique de conviction » de surveillance étatique du condamné dans la phase post-carcérale emporte la négation de la dignité du condamné par une atteinte à son autonomie qui s’avère totalement inadaptée à l’objectif de prévention de la récidive criminologiqueThe analysis of the convict's dignity while serving their custodial sentences implies to study the conditions in which they serve their penalties when incarcerated in a prison establishment on the one hand, then the conditions in which they carry out their sentences when out of prison on the other hand. However, if the convict's dignity is respected or negated, it depends in both cases on how the adaptation and proportionality of the infringement of their primary human features are assessed according to a legitimate public interest.As a result, if more human detention conditions allow to ensure that the convict's dignity is gradually respected, the fact that they are encouraged to bear more responsibility and are again considered human beings enables them to promote their dignity by stimulating their human potential powers of improvement. The post-detention stage (when the custodial sentence is served out of prison) seems to evince an opposite trend. As a matter of fact, if the creation and implementation of measures of sentence reduction seemed to guarantee the respect and the promotion of the convict's dignity, the introduction of a “code of conviction” of state surveillance over the convict in the post-detention stage entails a negation of the convict's dignity as their autonomy has been infringed in a way totally inadapted to the aim of preventing second-offence crime
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TETOUROVÁ, Renata. "Ochrana práv a důstojnosti osob s demencí v domově se zvláštním režimem." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-172725.
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The thesis deals with the rights and human dignity protection with people suffering from dementia. The thesis examines the way in which human rights are guaranteed and safeguarded in international human rights law documents, but especially the way in which the Czech Republic approaches the problems, particularly social services which follow standards of social services. The thesis looks for an answer whether standards of social services quality are sufficient guarantee of human rights and dignity protection with persons, specifically with people suffering from dementia in the home with special regime. To find it out, there is used analysis of worked out standards of social services quality Human rights protection of particular social services provider. There are suggested possible resources leading to safeguarding of human rights and dignity protection with people suffering from dementia.
Books on the topic "Custodial dignity"
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Aston, Joshua N. Torture Behind Bars. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190120986.001.0001.
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Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody of a lawful authority. The international legal regime on torture is an area of convergence between international human rights law and humanitarian law, both of which condemn torture in any form. Torture Behind Bars analyses the context of torture and ill-treatment of prisoners and crimes committed by the members of the police force. This may be in the form of custodial violence, or may begin from the point of detention and continue to the point of post-custody. The author reviews the role and accountability of the police force in India in the light of the reports of various national and international human rights committees, non-governmental organizations, and other independent reports. The book highlights several such cases which blatantly disregard the law meant for upholding the human rights and dignity of the individuals.
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Fellner, Jamie. Human rights. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0004.
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In this chapter, North American and international issues are reviewed covering the range of human rights issues, challenges, and controversies that exist in correctional mental health care. This chapter provides a brief overview of the key internationally recognized human rights that should inform the work of correctional mental health professionals. Human rights reflect a humanistic vision predicated on the foundation of human dignity, which complement the ethical principles of beneficence and non-maleficence. The human rights framework supports correctional mental health staff in their efforts to protect patients from harm and provide them the treatment they need. Human rights provide a universally acknowledged set of precepts that can be used during internal and external advocacy. Mental health professionals should not – consistent with their human rights and ethical obligations – acquiesce silently to conditions of confinement that harm prisoners and violate human rights. They are obligated not only to treat inmates with mental illness with independence and compassion, but to strive to change policies and practices that abuse inmates and violate their rights, even those that involve custodial decisions (e.g. segregation, use of force, restraints). In short, for practitioners who want improved policies and practices, human rights offers a powerful rationale and vision for a different kind of correctional mental health services. The more correctional mental health practitioners embrace and advocate for human rights, the greater the likelihood prisoners’ rights will be respected.
Book chapters on the topic "Custodial dignity"
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Whalen, Christian. "Article 19: The Right to Protection from All Forms of Violence." In Monitoring State Compliance with the UN Convention on the Rights of the Child, 293–302. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-84647-3_30.
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AbstractArticle 19 defines violence broadly to include all forms of harm, encompassing physical, mental and sexual violence as well as non-intentional forms of harm, such as neglect. As such, Article 19 articulates full respect for the human dignity and physical and personal integrity of children as rights-bearing individuals. This requires a paradigm shift of caregiving and protection away from the perception of children primarily as victims. Article 19 sets out a comprehensive prohibition on all forms of violence towards children and enjoins State Parties to take all form all measures available to enforce this right. This article summarizes the four main attributes of Article 19 as follows: (1) All violence towards children is prohibited, frequency or severity of harm need not be demonstrated and violence is defined broadly to encompass all forms of violence towards children, personal, social and institutional, including physical and emotional harm as well as neglect, maltreatment, sexual abuse, and abandonment; (2) the right protects children from harm from their parents and legal guardians as well as when they are in the care of proxy caregivers, including school officials, hospital staff, daycares, sports programs, as well as custodial settings and alternative care arrangements; (3) States are required to give effect to this right through all appropriate measures: legislative, administrative, social and educational; and finally the call for comprehensive measures to eradicate violence against children is reinforced by the final attribute (4) this attribute insists that the range of interventions required to give effect to Article 19 rights includes measures to ensure effective identification, reporting, investigation, and treatment of all forms of harm to children.
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Owen, Barbara, James Wells, and Joycelyn Pollock. "Gendered Human Rights and the Search for Safety." In In Search of Safety. University of California Press, 2017. http://dx.doi.org/10.1525/california/9780520288713.003.0007.
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Women’s prisons, because they are unsafe, have become the site of state-sponsored suffering in reproducing and reinforcing multiple forms of inequality in the gendered harm of imprisonment. Using the concept of state-supported suffering, women’s prisons harm women and their life chances in unnecessary ways. Overt gender discrimination in the wider society and within the prison adds another punishing layer to the gendered cumulative disadvantage faced by justice-involved women. A focus on human rights reframes the discussion and directs attention to both reducing women’s imprisonment through non-custodial measures and incorporating a human rights approach based on respect, dignity and non-discrimination within the prison. The promise of the Bangkok Rules and other human rights instruments provide the way forward.