Human Dignity and Victims' Rights in the German and Israeli Criminal Process

Anat Horovitz, Thomas Weigend

Research output: Contribution to journalArticlepeer-review

5 Scopus citations

Abstract

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.

Original languageAmerican English
Pages (from-to)263-300
Number of pages38
JournalIsrael Law Review
Volume44
Issue number1-2
DOIs
StatePublished - 2011

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