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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-3 | Issue-05 | 144-148
Original Research Article
Chemical Castration of the Sexual Offender versus Human Fundamental Rights and Freedoms
Andrada Nour
Published : May 7, 2020
DOI : 10.36348/sijlcj.2020.v03i05.002
Abstract
In order to prevent and discourage the commission of sexual offences, it is necessary to have certain special mechanisms able to combat the recidivism of those who have committed such acts, but even in such conditions it cannot be justified to limit the right of a person to physical integrity. In any system of law based on democratic principles, any party to a legal relationship, including when this is a state authority, has an obligation to adopt conduct that does not harm human dignity or the rights and freedoms of the citizens. Therefore, no democratic state can be recognized the right to draft laws contrary to or affecting the right of human beings to life and to physical and mental integrity. On the contrary, it is forbidden to apply, in any form, torture, cruel or inhuman or degrading treatment or punishment, even in the case of those persons who pose a danger and threat to society. Any attack on the dignity of the human being is impossible to accept in a democratic society. In this context, the question may arise as to whether or not this measure may be mandatory ordered by the court by a final judgment of conviction, irrespective of the main penalty applied and in the conditions in which it would be perform by specially authorized medical institutions.
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