CEU Electronic Theses and Dissertations, 2010
| Author | Medarska, Ana |
|---|---|
| Title | RIGHTS OF CRIME VICTIMS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS: INVADING DEFENDANTS RIGHTS? |
| Summary | In the context of human rights protection system established with the European Convention on Human Rights, the position of the victim is addressed through the establishment of positive obligations of the state concerning the right to protection from becoming a victim of crime. The positive duties of the state in this regard include the duty to criminalize behavior that is contrary to the guarantees in the substantive provisions of the Convention, the duty to investigate and prosecute cases of such unlawful behavior and, in the context of the right to life, the duty to undertake operational measures to prevent incidents of crime. Furthermore, the right to protection from secondary victimization of vulnerable victims occurs in the context of cases concerning the fair trial guarantees. Since the taking into account of the interests of the victims of crime needs to be counterbalanced to the other rights, including the due process rights, the abovementioned developments at the current stage do not present a threat to the already established rights of defendants in the criminal process. |
| Supervisor | Bard, Karoly |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/medarska_ana.pdf |
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