scholarly journals Spare the Rod, Spoil the Society? The Moral Complexity of Caning in Singapore

2021 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Hannah Sorenson
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Corporal Punishment ◽  
Moral Philosophy ◽  
Ethical Framework ◽  
International Human Rights ◽  
Ethical Frameworks ◽  
International Human ◽  
The Individual ◽  
And Control

You have the opportunity to decide whether or not a person gets caned, the only caveat is that they have committed a crime against you. What will you do? This essay explores the moral complexity of caning in Singapore through an exploration of corporal punishment, criminal justice, moral philosophy, and the Asian values debate; a dilemma that ultimately places concerns of society and the individual at odds. In doing so, the essay argues that the morality of caning changes on the basis of the ethical framework and modification of situation variables. Even so, the moral complexity of caning is not superficially evident. In order to thoroughly engage with all elements of this complexity, this essay begins by attempting to decipher the place of punishment within international human rights frameworks. From there, the essay explores the morality of punishment and its employ in colonial endeavors. This leads to a discussion of modernization, humanitarian ideologies, and control. By creating a framework for analyzing criminal justice in Singapore—including an outline of the intersections of criminal justice, development, and prosperity —this essay seeks to explore the balance between corporal punishment as a tool of prosperity and corporal punishment as a source of pain and degradation. When placed in consequentialist and virtue-based ethical frameworks caning in Singapore looks very different, forcing the moral actor to weigh societal concerns with concerns for individual pain, suffering, and liberties. Keywords: Caning, Morality, Society, Punishment.

scholarly journals INTERNATIONAL HUMAN RIGHTS STANDARDS AND RUSSIAN CRIMINAL JUSTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 61-66
Author(s):  
A. A. Tarasov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Fair Trial ◽  
The State ◽  
European Convention ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
The Individual ◽  
Human Rights Standards

The novelty lies in the author's assessment of the impact of international human rights standards and a fair trial procedure not only on the criminal justice itself, but also on the entire system of relations between the state and the individual, as well as in a critical analysis of clauses found in the literature on possible restrictions on the application of the European Court's practice on human rights in Russia. The aim of the work is to substantiate the unconditionally positive influence of international human rights and justice standards on the Russian criminal justice system and the relationship between the state, the individual and society. The objective is to demonstrate, using examples from the literature and practice of the European Court of Human Rights, the undoubtedly positive impact of the application in Russia of the European Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights on Russian criminal justice and on all practical jurisprudence in Russia. The article uses the methods of system analysis and synthesis, comparative legal and historical methods. As a result, the author's conclusions about the inadmissibility and inappropriateness of limiting the operation on the territory of Russia of international human rights standards and fair trial procedures expressed in the European Convention and court decisions of the European Court have been substantiated. In conclusion, these brief conclusions are formulated.

International Human Rights Law and Blockade

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Power And Control ◽  
International Human ◽  
Extraterritorial Jurisdiction ◽  
And Control

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.

Complementary Protection and Encampment

2020 ◽  
Author(s):  
Bríd Ní Ghráinne
Keyword(s):  
Human Rights ◽  
Human Rights Law ◽  
Humanitarian Relief ◽  
International Human Rights ◽  
Treaty Monitoring ◽  
International Human ◽  
The Individual

Abstract A camp may be described as a temporary space in which individuals receive humanitarian relief and protection until a durable solution can be found to their situation. The camp environment is often riddled with contradictions—the camp can be a place of refuge while at the same time, a place of overcrowding, exclusion and suffering. This article asks to what extent removal of an individual from state A to state B, where he or she will have to live in a camp, is a breach of state A’s human rights law obligations. It argues that even if encampment in state B will expose the individual to terrible conditions, it is unlikely that they will be able to successfully challenge a removal decision before international human rights courts and/or treaty monitoring bodies.

3 Right to be Presumed Innocent

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Burden Of Proof ◽  
Reasonable Doubt ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Assessment Of Evidence ◽  
The Right

This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have applied the presumption to require specific procedural protections during a trial. These include guarantees that the prosecution bears the burden of proving a defendant’s guilt beyond reasonable doubt, and that the defendant should not be presented or described as a criminal before he has been proved to be one. The chapter concludes that the presumption is protected in similar terms in international human rights treaties, but also highlights divergences in international jurisprudence relating to the standard for finding that a court’s assessment of evidence violates the presumption, the permissibility of reversing the burden of proof, and the extent to which the presumption applies after a trial has been completed.

scholarly journals An Undemocratic Guardian of Democracy - International Human Rights Complaint Procedures

2007 ◽  
Vol 38 (2) ◽  
pp. 199
Author(s):  
Shotaro Hamamoto
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Narrow View ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
The Individual

This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

2005 ◽  
Vol 23 (3) ◽  
pp. 329-347 ◽  
Author(s):  
Alexander Poels
Keyword(s):  
Human Rights ◽  
Due Process ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Individual ◽  
Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

Aborginal English in the Legal System

1999 ◽  
Vol 27 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Megan Suarez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Legal System ◽  
Justice System ◽  
Equal Opportunity ◽  
Aboriginal People ◽  
International Human Rights ◽  
Aboriginal Community ◽  
International Human ◽  
The Government

The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).

scholarly journals Combating Transnational Organised Crime through International Human Rights Law

2019 ◽  
Vol 8 (1) ◽  
pp. 1-37
Author(s):  
Tom Obokata
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Holistic Approach ◽  
Organised Crime ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Forced Labour

This article explores the key obligations imposed upon States under international human rights law to combat transnational organised crime. It begins by highlighting a number of human rights which are affected by various forms of organised crime, such as the rights to life, liberty and security, health, property, culture, as well as the prohibition on slavery/forced labour and other inhuman or degrading treatments. The article then analyses the key obligations imposed upon States under international human rights law, with particular reference to (1) investigation, prosecution and punishment, (2) protection of victims and (3) prevention. The main conclusion reached is that international human rights law is indeed useful as it encourages States to adopt a holistic approach capable of addressing the complex and multi-faceted nature of transnational organised crime beyond simple criminal justice responses.

6 Right to be Tried without Undue Delay

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Fair Trial ◽  
Time Limit ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Criminal Proceeding ◽  
International Human ◽  
The Right

This chapter examines the right to be tried without undue delay. The speed of a trial is integral to its overall fairness. The longer a trial takes, the longer that the defendant, still presumed innocent, is in legal jeopardy; the longer that they may be kept in pre-trial detention; and the greater the risk that witnesses may forget details or evidence may disappear. However, despite the importance of efficiency in criminal justice, chronic delays in trials in domestic jurisdictions have been widely reported. In fact, the right to be tried without undue delay is one of the most litigated aspects of the right to a fair trial. Unlike some violations, delayed proceedings are relatively easy to prove; the question is what constitutes a delay that is ‘undue’ under international human rights law. There is no global time limit for a criminal proceeding and each case must be assessed on its facts, taking into account its complexity; the conduct of the defendant, the prosecution, and other state authorities; and—for most international bodies—the prejudice caused to the defendant by the delay.

Sign in / Sign up

Export Citation Format

Share Document