Raising the public awareness on the protection of human rights in the fight against criminality

Abstract

Undoubtedly we are now seeing in Western Europe a diminishing respect for the human rights of various groups of people who seem to disturb the peace or prosperity of the majority. The consensus about human rights that was established after the Second World War and embodied in the European Convention on Human Rights is no longer so strong. It has become more common to hear arguments suggesting that the human rights protections put in place since 1945 are not sacrosanct and may be flawed in certain respects. One group whose rights are being seriously questioned are foreigners, be they refugees, asylum seekers or other immigrants. For example, in France and in the United Kingdom new measures are in place to make it more difficult for immigrants or asylum-seekers to come to those countries. A similar impatience with the requirements of the international human rights framework is seen in attitudes to convicted criminals and accused persons. Examples come from several countries. In the United Kingdom a longstanding principle deeply embedded in the legal structure, i.e the right for an accused person to remain silent without this affecting the judgement of the case, has been diminished. In the Netherlands, long seen as a beacon of humanity and decency in its treatment of convicted criminals, prisoners in a top security unit, the TEBI, in the prison in Vught have been kept in handcuffs whenever they leave their cells, seemingly in contravention of the requirements of Rules 39 and 40 of the European Prison Rules. [excerpt]