Criminal Law and human rights

the Spanish and European experience

Authors

Keywords:

Human rights, Human dignity, Principle of legality, Culpability, Democratic rule of law

Abstract

The article examines the relationships between Criminal Law and human rights from the Spanish and European experience, having as its central axis the dignity of the human person as the foundation of political order and social peace (art. 10.1 of the Spanish Constitution). It analyzes the collision between freedoms of expression and information and the rights to honour, privacy and one's own image, defending a case-by-case balancing of interests. It addresses the principle of legality and its extension to administrative sanctions, the unconstitutionality of pre-delictual security measures, the principle of culpability as a requirement of human dignity, and the foundation and purposes of punishment in the social and democratic rule of law, concluding that punishment must be just and necessary, without reduction to special prevention.

Downloads

Download data is not yet available.

Author Biography

José Cerezo Mir, Universidad de Zaragoza, Unizar, Espanha

Catedrático de Direito Penal da Universidade de Saragoça - Espanha.

References

-

Published

1994-04-01

How to Cite

CEREZO MIR, José. Criminal Law and human rights: the Spanish and European experience. Brazilian Journal of Criminal Science, São Paulo, v. 6, n. 6, p. 26–35, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3301. Acesso em: 20 oct. 2026.

Issue

Section

International Doctrine
Views 17 Downloads 14