The death penalty and the death row phenomenon : a violation of human rights?

Abstract

The Death Penalty and the Death Row Phenomenon both violate certain human rights in their today's interpretation and create debates and different points of view between abolitionist and retentionist countries. Hereby, this thesis strives to establish a full understanding of the nature of these practices and the consequent rights violated. The issues of death penalty and death row phenomenon are thus considered in the lights of the right to life and the freedom from torture and other cruel, inhuman or degrading treatment or punishment. This dissertation examines to which extent these rights are breached, especially through the case of the United States of America which is closely observed. This study concludes that both death penalty and death row phenomenon disobey the current interpretation of human rights laws. However, unfortunately, international law encounters limits which prevent the international community to react upon those breaches and just have to wish and wait for a change in retentionist countries legislation.