Preventive Deprivation of Liberty: The European Convention on Human Rights Perspective

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Tomasz Sroka

Preventive Deprivation of Liberty

The European Convention on Human Rights Perspective

Tomasz Sroka

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Hardback

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English

Routledge
12 August 2024

Jurisprudence & philosophy of law; International human rights law; Constitutional & administrative law; Criminal law & procedure; Medical & healthcare law

This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‑makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.

By: Tomasz Sroka
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781032601502
ISBN 10: 1032601507
Pages: 252
Publication Date: 12 August 2024
Audience: College/higher education , Professional and scholarly , Further / Higher Education , Undergraduate
Format: Hardback
Publisher's Status: Forthcoming

Introduction; 1. The concept and purpose of preventive deprivation of liberty; 2. General standard for the admissibility of preventive deprivation of liberty; 3. Substantive grounds for preventive deprivation of liberty; 4. Procedure for applying preventive deprivation of liberty; 5. Execution of preventive deprivation of liberty; Conclusions

Tomasz Sroka is Associate Professor at the Department of Bioethics and Medical Law and the Department of Criminal Law at the Jagiellonian University, Poland. He has published extensively on aspects of Criminal, Constitutional, and Medical Law.