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Guaranteeing the Right to Defense in Light of the Provisions of International Treaties Specialized in Human Rights and ECHR Jurisprudence

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  • Trocan, Laura Magdalena

    (,,Constantin Brâncusi” University from Tg-Jiu)

Abstract

The right to defense as a social value is necessary for any social environment, and the arising of its elements during various stages of civilization has witnessed a visible progress, considering that nowadays the acknowledgement of the right to defense is a common denominator in all procedural systems of democratic states; and this also derives from the fact that states are covenanters to international documents expressly consecrating this right. This article aims to examine the provisions of main international instruments guaranteeing the right to defense and to present relevant aspects of the ECHR jurisprudence meant to express the requirement of compliance with the essential guarantees implied by that right.

Suggested Citation

  • Trocan, Laura Magdalena, 2010. "Guaranteeing the Right to Defense in Light of the Provisions of International Treaties Specialized in Human Rights and ECHR Jurisprudence," Annals - Juridical Science Series, Constantin Brancusi University, Faculty of Juridical Sciences, vol. 4, pages 111-128, December.
    • Handle: RePEc:cbu:jrnlju:y:2010:v:4:p:111-128
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    More about this item

    Keywords

    human rights; the right to defense; ECHR; procedural guarantees;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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