The new constitutional provision for the protection of decent living and its implementation in criminal sanctions in Greece
by Styliani Christoforidou
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 9, No. 4, 2022

Abstract: After the constitutional amendment of 2019, a new constitutional provision (Art. 21 Para 1b Gr. Const.) provides the state's obligation to protect decent living. This provision belongs systematically to the field of social welfare rights, and its purpose is to enhance the protection of socio-economic rights. This paper argues that the same provision can also apply to the criminal system, mainly during the sentencing. Article 21 Para 1b Gr. Const. in conjunction with the human dignity principle (Article 2 Para 1 Gr. Const.) can enhance the rights of the sentenced in two ways: setting the constitutional limit of decent living protection during sentencing with non-custodial sentences and enhancing the right of judicial protection of those that serve custodial sentences under conditions that violate Article 3 ECHR.

Online publication date: Fri, 14-Oct-2022

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Human Rights and Constitutional Studies (IJHRCS):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com