Human rights to protection from torture and other cruel, inhuman or degrading treatment or punishment

Abstract

The article examines issues of legal regulation of the human right implementation to protection from torture and other forms of treatment and punishment that may be cruel, inhuman and degrading to human dignity. This right is considered as a domestic and international law complex institution. The research purpose is to analyze the legal institution of “Human rights to protection from torture and other cruel, inhuman or degrading treatment or punishment”, to identify problems of legal regulation and to develop ways to improve national legislation. The research is carried out using general scientific and special legal methods, using analysis and generalization of theoretical provisions and legal norms and the practice of their implementation. Based on the comparative legal method, the main trends in the development of this institution nowadays are identified. The legal institution features analysis and its connection to legal acts and international standards is carried out. The main result of the research is proposals for improving criminal law norms. The main research conclusion is the need to improve legal measures aimed at harmonizing national legislation in the area of protection from torture and cruel prevention, inhuman or degrading treatment and punishment with international standards in this area.