The Flexible Normative Geometry of Human Rights within the Criminal Justice System

By Margarida Garcia
English

The main objective of this article is to support the following thesis: if human rights semantics do contribute to the reproduction of the operations of the criminal justice system, the impact of this contribution differs widely in both nature and magnitude as it affects behavioural norms, procedural norms, and sanctioning norms. Qualitative interviews conducted with judges and prosecutors on the issue of human rights and their impact on criminal law indicate that though human rights provide individuals with guarantees of due process of law (procedural norms), the impact of human rights becomes unpredictable, erratic or non-existent as they affect behavioural norms of behaviour and sanctioning norms.

Keywords

  • human rights
  • criminal law
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