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

Laura Magdalena Trocan
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Laura Magdalena Trocan: ,,Constantin Brâncusi” University from Tg-Jiu

Annals - Juridical Science Series, 2010, vol. 4, 111-128

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.

Keywords: human rights; the right to defense; ECHR; procedural guarantees (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:cbu:jrnlju:y:2010:v:4:p:111-128

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