The Protection of Fundamental Human Rights in Criminal Process General Report

59 Pages Posted: 10 Nov 2009

See all articles by Chrisje Brants

Chrisje Brants

Utrecht University - Faculty of Law; Utrecht University - School of Law

Stijn Franken

Utrecht University - Faculty of Law; Utrecht University - School of Law

Date Written: October 31, 2009

Abstract

This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in a national context. Three overreaching issues influence the reception of international fundamental rights and freedoms in criminal process: constitutional arrangements, legal tradition and culture, and practical circumstances. There is no such thing as the uniform implementation of convention standards; even in Europe where the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court play a significant role, there is still much diversity in the actual implementation of international norms due to the influence of legal traditions which form a counterforce to the weight of convention obligations. An even greater counterforce is at work in practical circumstances that can undermine international norms, most especially global issues of security, crime control and combating terrorism. Although convention norms are still in place, there is a very real risk that they are circumvented or at least diluted in order to increase effective crime control.

Keywords: human rights, criminal process, implementation of international human rights norms, legal comparison

Suggested Citation

Brants, Chrisje and Franken, Stijn, The Protection of Fundamental Human Rights in Criminal Process General Report (October 31, 2009). Utrecht Law Review, Vol. 5, No. 2, pp. 7-65, October 2009, Available at SSRN: https://ssrn.com/abstract=1500324

Chrisje Brants (Contact Author)

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

Stijn Franken

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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