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Protection of Human Rights in the Criminal Process Under International Instruments and National Constitutions

NCJ Number
S Hertzberg; C Zammuto
Date Published
This study, presented in the form of charts and accompaning narrative covering multilateral conventions and national constitutions up to 1980, seeks to corrolate internationally and nationally protected human rights applicable in the criminal process.
Two charts provide a graphic picture of procedural criminal rights articulated in national constitutions and/or through ratification of any of the five international treaties which deal with procedural criminal rights. Another chart provides statistics demonstrating the percentage of countries of the world which have adopted each right in the United Nations draft proposal by either method. Another chart correlates the principles contained in the UN Draft Body of Principles and the national constitutions. Three rights have been ratified by a substantial two thirds or more of the countries of the world. The right to life, liberty, and security of persons; the right to be free from torture and cruel and unusual punishment; and the right to freedom from ex post facto laws all find solid approval. The number of countries affirming these rights lends support for the United Nations Draft Principles. Appendixes include American, European, international, and United Nations conventions on human rights, including the U.N. Draft Body of Principles for the Protection of All Persons Under any Form of Detention or Imprisonment.