The Concept of Inhuman and Degrading Punishment or Treatment .. (full text

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



Shaimaa Attalla
Assistant Professor, Faculty of Law , Zagazig University


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.

نبذة مختصرة عن بحثي المعنون بــ " The Concept of Inhuman and Degrading (Cruel and Unusual) Punishment or Treatment (In the American, European and Arabic legislations)

ترجمة عنوان البحث باللغة العربية:

مفهوم المعاملة العقابية القاسية أو الحاطة بالكرامة الإنسانية
دراسة مقارنة بين التشريعات الأمريكية والأوروبية والعربية

ملخص البحث:

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.

تتمثل نواحي الإفادة من هذا البحث في تقريب مفاهيم العقوبة غير الحاطة بالكرامة الإنسانية بين التشريعات المختلفة تحت مظلة المحكمة الأوربية لحقوق الإنسان