by Thomas WEIGEND (English)
Human dignity and victims' rights in the German and Israeli criminal process
Human dignity is constitutionally protected in both the German and the Israeli legal system. This article examines to what extent respect for victims' human dignity has influenced the development of victims' rights within the criminal process in Germany and Israel, bearing in mind the differences between the two legal systems regarding the definition of “human dignity” and the scope of constitutional protection. Following a detailed examination of the role and rights of victims within each jurisdiction and a short comparative analysis, this article concludes that, in both countries, the concept of human dignity has played a relatively minor role in the context of victims' procedural rights. The main, albeit tentative, explanation for this conclusion is that, although their trial rules differ considerably, both legal systems share common concerns and difficulties regarding the participation of victims in legal proceedings.
Journal/Publisher: Israel Law Review, Volume 44, Issue 1-2
Co-author/s: Anat HOROVITZ
Publication type: Article
Number of pages/Page range: 263-300
Language/s (content): English
Date of publication: 30-01-11
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Full name Thomas WEIGEND
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University/Institution University of Cologne
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