The Concept of Inhuman and Degrading (Cruel and Unusual) Punishment or Treatment (In

(The Concept of Inhuman and Degrading (Cruel and Unusual) Punishment or Treatment (In the American, European and Arabic legislations

ABSTRACT

At issue in this study, is the concept of cruel and unusual punishment or treatment as it is determined by the jurisprudence of the Supreme Court of the United States compared to the concept of inhuman and degrading punishment or treatment as it is adopted by the decisions of the European Court of Human Rights. This research aims to set forth the criteria according to which the American Supreme Court and the European Court of Human Rights conclude the inhuman and degrading character of the punishment or treatment and to find out how both courts apply this idea to the various types of punishment or treatment and to the various types of offenders. Besides, this study mentions how different the concept of inhuman and degrading punishment or treatment in Arab legislations and judicial decisions in the Arab world compared to what is adopted by the American and European legislations and judicial decisions in the western world.

Attalla, Shaimaa

October 2011

European Journal of Social Sciences;Oct2011, Vol. 24 Issue 4, p576

Academic Journal