Compelled Self-Reporting and the Principle Against Compelled Self-Incrimination: Some Comparative Perspectives
European Human Rights Law Review, p. 25, 2006
14 Pages Posted: 30 Sep 2009
Date Written: 2006
Abstract
This article examines the tension between mandatory self-reporting and identification statutes and the right to be free of compelled self-incrimination. The author reviews decisions addressing this issue taken by the European Court of Human Rights ('ECtHR'), the Privy Council, and the Supreme Courts of Canada and the United States. He then analyses applicable public policies and assesses the alternative approaches available to accomodate these conflicting interests.
Keywords: Canada, Comparative Law, Compulsory disclosure, Privilege against self-incrimination, Right to fair trial, United States
JEL Classification: K14, K33, K42
Suggested Citation: Suggested Citation