Capital punishment as a violation of human rights : an analysis of arguments and legal documents on the death penalty

Abstract

The first chapter of my dissertation treats the philosophical aspect of the death penalty. Philosophical arguments for the capital punishment typically draw from more general discussions of punishment. Much of the traditional debate about the grounds for the moral justification of punishment relies on two principal theories of punishment: utilitarian and retributive. The second chapter of the thesis starts with the concept of the right to life and focuses on international standards on this right. Then it proceeds to analyse the right to life and the death penalty in international law. The third which is the last chapter, examines the international legal standards on capital punishment. After focusing on the United Nations documents, I have also analysed and compared the relevant data of the European System. The study concludes that despite rapid progress in the development of international norms on the death penalty since the end of the Second World War, the abolition of the death penalty worldwide in international law does not seem to be a foreseeable accomplishment.