Human Rights and Criminal Law: Navigating the Intersection of Justice and Liberty

The intersection of human rights and criminal law is a fundamental aspect of legal systems worldwide, reflecting the delicate balance between upholding justice and safeguarding individual liberties. This paper explores how human rights principles influence criminal law, the challenges in protecting these rights during criminal proceedings, and the impact of international human rights standards on domestic criminal justice systems. Through an analysis of key issues such as the right to a fair trial, the presumption of innocence, protection against torture, and the rights of victims, this paper examines the ongoing efforts to harmonize justice and liberty. Case studies from various jurisdictions illustrate these challenges, offering insights into the complexities of enforcing human rights in the context of criminal law.

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Publication Details

Journal
Indian Journal of Law.
Published
2024-09-02
DOI
https://doi.org/10.36676/ijl.v2.i5.54
Citations
1
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
4.07
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article

Human Rights and Criminal Law: Navigating the Intersection of Justice and Liberty

Sanjeevi Shanthakumar
1 citations
Indian Journal of Law.
Criminal Law and Evidence
4.07
article

Human Rights and Criminal Law: Navigating the Intersection of Justice and Liberty

Sanjeevi Shanthakumar
article en
1 citations

Abstract

The intersection of human rights and criminal law is a fundamental aspect of legal systems worldwide, reflecting the delicate balance between upholding justice and safeguarding individual liberties. This paper explores how human rights principles influence criminal law, the challenges in protecting these rights during criminal proceedings, and the impact of international human rights standards on domestic criminal justice systems. Through an analysis of key issues such as the right to a fair trial, the presumption of innocence, protection against torture, and the rights of victims, this paper examines the ongoing efforts to harmonize justice and liberty. Case studies from various jurisdictions illustrate these challenges, offering insights into the complexities of enforcing human rights in the context of criminal law.

Indian Journal of Law.Vol. 2(5)
Gujarat National Law University (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 8%
Criminal Law and Evidence
4.07
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