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|Title: ||國際法上「禁止酷刑及非人道待遇」之研究 : 以日本被拘禁者人權保障為中心|
|Other Titles: ||The research on "prohibition torture and inhuman degrading" in international law : focusing on human rights protection of detainee in Japan.|
|Authors: ||陳淑嫥;Chen, Shu-chuan|
|Keywords: ||公民與政治權利國際公約;禁止酷刑公約;酷刑;非人道待遇;被拘禁者人權;International Covenant on Civil and Political Rights;Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;Torture;Inhuman Degrading;Human Rights Protection of Detainee;自由権規約;拷問等禁止条約;拷問;非人道的な待遇;被拘禁者人権の保障|
|Issue Date: ||2010-01-10 23:53:19 (UTC+8)|
|Abstract: || 自古中西方國家使用酷刑方式逼迫犯人認罪之模式不勝枚舉，此亦因國情之差異，所演變出刑罰之方式亦有所異，而此種酷刑方式在人類史上已有眾多之體現。啟蒙時代，酷刑行為由刑事程序中漸進式地醞釀廢止，至二十世紀國際法中之條約及習慣法更賦予「酷刑」為國家於任何緊急狀態皆須保障禁止之機制。但著名人權學者曼佛德‧諾瓦克(Manfred Nowak)仍舊表示出，二十世紀後半依舊可謂為「酷刑廢絕之疑念期」。此乃因酷刑之真實情況，依舊如瘟疫席捲世界，漸進性且組織性地存在於隱形空間之中。再者，法國著名思想家兼哲學家米歇爾‧傅柯 (Michel Foucault)亦表示在「罪犯命題」下所產生之心理學、犯罪學等之學問，為罪犯身分附加更多「非正常人」之意涵。因此，為達罪犯矯正之目的或取得嫌疑犯認罪之供詞，透過連續性、固定性以及隱密性之酷刑行為與非人道待遇之監禁歷程，使得犯罪嫌疑犯或獄中被拘禁者遭受非公平與正義之待遇。|
Many of the east and west nation used the method of torture to the criminal to confess crime in the past, and that is different from country to different punishment. Accordingly, it is possible to embody in the human race of history. The torture act starts to abolish from the detective procedure at the Enlightenment, and abolish by gradual degrees. After it becomes to the twentieth century, the agreement and the custom method in International Law protect the torture of prohibition in what kind of emergency, country must to defend. But Manfred Nowak who was the famous human rights scholar in the world to said that ‘torture abolition is not certainly result after the latter of the twentieth century’. The reason is that the truth of torture situation like the epidemic in the world, and escapes in the space of concealment progressing gradually and systematically. Moreover, the famous of the philosopher and philosopher in France Michel Foucault indicated that ‘the studies of psychology and the criminology which in under the crime proposition is increase a lot of the means of "Non-normal man". Therefore, in order to obtain the purpose of the criminal correction and the suspect''s testimony acquisition, be used to utilize the continuousness, fixation, and unforeseeable to put them in the suspect and the person detained under of the treatment of unfairness and non-justice.
This thesis is according to Article 7 of "Prohibition torture and inhuman treatment" adopted in the United Nations in 1966, and an individual human rights agreement "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" to the base of research grounds, and investigating the security situation of the person human rights in Japan which confined in the action of the law of the two agreements. Meanwhile, the experience of Japan is stepped on Taiwanese society and the authority of the nation. Therefore, this thesis offers reflection and the conception of a further human rights education, and gives some views and the references to the reform agenda of the person human rights to be confined by the future. The final purpose of this thesis corresponds to the human rights standard up, and admitted in International Law for the consideration improvement of the Taiwanese right and strengthening the human rights education.
|Appears in Collections:||[日本研究所] 學位論文|
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