Projects / Programmes
Human rights, security and challenges of contemporary crime
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S000 |
Social sciences |
|
| S112 |
Social sciences |
Human rights |
| S149 |
Social sciences |
Criminal law, criminal proceedings |
| S160 |
Social sciences |
Criminology |
human rights, crime, criminalisation, safety&security, criminal law, criminology, criminal policy
Researchers (1)
| no. |
Code |
Name and surname |
Research area |
Role |
Period |
No. of publicationsNo. of publications |
| 1. |
22435 |
PhD Nina Peršak |
Law |
Head |
2007 - 2008 |
297 |
Organisations (1)
Abstract
The proposed project intends, first, to present the concept of human rights, its natural-law character, multidimensionality and role in the modern criminal law. It will put forward the criticisms of the human rights concept, which have been particularly resonating in the last decade and have been heard coming from all sides. In the light of this critique and having confronted the concept of human rights with some other comparable ideas (e.g. with the idea of rule of law, democracy, justice, good), we shall evaluate the validity, relevance and usefulness of the said concept in the 21st century. The project will then address some of the more problematic types of today's crime and its impact on human rights. It will analyse the forms of contemporary societal reaction to this crime and in particular those state interventions, which threaten the human rights. For this purpose we will shed light on the trends of widening of some criminal-law concepts, trends of repressive crime prevention and expansive use of criminal law in order to criminalise some particular human conduct, which is seen as socially undesirable, yet has previously remained outside the scope of criminal law. The concept of »security« will be carefully inspected, as it seems to play a special role in the aforementioned endeavours. Security's various meanings and types, its role and consequences on the reaction against crime will be presented, together with an attempt to locate the ways for bridging the gap between human rights (liberty) and security.
Significance for science
The topic of research has so far not been comprehensively legally and criminologically addressed in Slovenia, which is why the acquired research results undoubtedly contribute to Slovene science through new, updated insights on the issue of human rights, security and tensions between human rights and contemporary crime or crime policy and modern ways of »providing security«. This topic touches upon each and every one of us as many rights, e.g. a right to privacy, which we have been taking for granted are progressively being limited in the name of security. Issues, surrounding security, which are often portrayed in a black-and-white fashion, have been superseded by the interdisciplinary approach to legally, criminologically and socio-psychologically complex aspects of the concept. Due to merely piecemeal and partial coverage of the problems in this field, the systematic scientific exploration of this research area was, is and will be necessary and needed – today and in the future.
By delivering papers at invited lectures and important international conferences, the results of Slovene legal and criminological science (as well as Slovene legal system) have been presented to international audience, whereas Slovenian scientific and wider public has been informed of international trends and international (good and bad) legal solutions at national scientific meetings. Furthermore, published scientific articles, monographs and other work, describing research results, will more enduringly contribute to science and general awareness.
The results of the concluded postdoctoral project have been and will be used in scientific, research and pedagogical process; they may, however, also serve as a guideline for legislators, ministers or judges when passing laws, governing the state or passing judgements and making other decisions in other concrete cases, concerning human rights.
Significance for the country
In the context of crime (particularly organised crime) societies often turn to more intense and intrusive means of social control, to more repressive law enforcement or to a stance that we need to be (more) »tough on crime«, focussing merely on the efficiency and expediency of enforcement while forgetting along the way the human rights and civil liberties of those who are found on the list of »suspects« as well as of those whose safety is paternalistically elevated above other values without their having a say in the matter (and e.g. objecting to limitation of their rights in the name of their safety). Slovenia is neither geographically nor (crime)politically cut off from the challenges, presented by modern crime and contemporary state responses thereto. The so-called Balkan route, which traverses Slovenia, for example, is used for smuggling stolen goods as well as for trafficking of human beings, the accession to the EU and the Schengen area has made travelling through Europe even smoother, and last but not least, one should not neglect the growing influence of the economic recession, which, as it is well-known, stimulates several undesirable social phenomena – from xenophobia to nationalism and hatred toward everybody who is »different«, be it migrant, criminal or (merely) criminal suspect – thus representing an additional threat to human rights. In this situation and context, the research that contributes to insights, concerning human rights, the security culture and its dangers, and provides policy-oriented considerations that may act as guidelines for the legislator or a judge when making decisions where human rights are at stake, is of utmost importance to the development of Slovenia, the development of its rule of law and its democracy.
Most important scientific results
Final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Final report,
complete report on dLib.si
