Realization of the Right to Respect for Human Dignity in Penalties and Prisons

Abstract

The authors of this scientific article consider and analyze the concepts of "human dignity" and "dignity human". Sources of international law, bilateral and multilateral international treaties guaranteeing the provision of this right were studied in detail, such as: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, inhuman or degrading treatment or punishment. It is noted that there is no legal definition of "human dignity" in national law and international law. Particular attention is paid to the consideration of the right to human dignity in the interpretation of Article 3 of the European Convention on Human Rights to ensure the right not to be subjected to torture or inhuman or degrading treatment or punishment. The elements and features of this right are revealed. Particular emphasis is placed on ensuring and exercising this right in penitentiaries and remand centers. Since the states have an "old impersonal system" that needs to be renewed and reformed. This problem is especially relevant for Ukraine, which, although according to the Constitution, is a legal, social, democratic state, whose activities are aimed at ensuring the realization of human and civil rights. However, it does not sufficiently ensure the right guaranteed by Article 3. This is evidenced by the negative statistics of Ukrainians' appeals to the European Court of Human Rights for protection and renewal of their rights. The article considered key cases that are important for Ukraine, which has undertaken to comply with the decisions of the European Court of Human Rights. The results of the work correspond to the goal of scientific research and are a comprehensive completed research material.