The Protection Against Crime as a Human Right: Positive Obligations of the Police

in Ralf Alleweldt and Guido Fickenscher (eds) The Police and International Human Rights Law (2018), pp 181-215

35 Pages Posted: 12 Jun 2018  

Dimitris Xenos

University of Suffolk

Date Written: February 1, 2018

Abstract

The police are seen as a professional service provider when their duties and standards of care are enforced by the clients of their service, that is ordinary individuals. Actual or potential victims of crime use constitutional review, which examines positive obligations of the police in relation to specific human rights. Within the scope and limits of constitutional review, police duties are determined before, as well as after, harm has been inflicted on innocent individuals. These duties encompass both systemic and more specific and practical measures of protection of human rights against crime. The individual form of protection is subject to certain conditions of proximity (such as the element of knowledge of the personal need for human rights protection). Additional limits are recognised where there is a conflict of rights, and in relation to the availability of resources. Accordingly, the professional duties and requisite performance standards of the police are determined, reviewed and enforced under a consistent legal framework.

Keywords: Crime, human rights, positive obligations, ECHR, police, judicial review, duty of care

JEL Classification: K14, K33, K42

Suggested Citation

Xenos, Dimitris, The Protection Against Crime as a Human Right: Positive Obligations of the Police (February 1, 2018). in Ralf Alleweldt and Guido Fickenscher (eds) The Police and International Human Rights Law (2018), pp 181-215. Available at SSRN: https://ssrn.com/abstract=3183278 or http://dx.doi.org/10.2139/ssrn.3183278

Dimitris Xenos (Contact Author)

University of Suffolk ( email )

Waterfront Building
19 Neptune Quay
Ipswich, IP4 1QJ
United Kingdom
+44(0)14733-38483 (Phone)

HOME PAGE: http:// https://www.uos.ac.uk/people/dimitris-xenos

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