Legal protection of human rights of prisoners in Vietnam
Authors:
8th Asian Constitutional Law Forum - ASIAN Constitutional Law recent developments and trends
: :
Publishing year: 2019
Abstract
Human right is a growing concern in Vietnam, especially after the adoption of the Constitution of 2013. This Constitution is a basis for promulgating and completing the legal provisions on human rights in the enforcement of criminal judgments. Owing to the confinement, prisoners’ human rights are controlled and limited in certain degrees. As a result, prisoners’ human rights are easily violated. The consequences of those violations are serious when it comes to fundamental rights such as the right to live, the right to be ensured a proper living standard and political rights. In order to protect prisoners’ human rights, many Governments have proposed and enacted many provisions based on international standards and their domestic backgrounds. Ensuring human rights includes various methods and measures. One of the most important measures is the institutionalization by legal regulations on the basis of international legal criteria. Through studying the laws of some countries and the international standards, this paper argues that Vietnamese laws have been compatible with international legal norms, especially the special human rights of prisoners. However, there remains several shortcomings and limitations in laws. After observing the ensuring human rights measures from other countries, this paper also draws some lessons, from that suggesting some solutions to improve the ensuring of human rights of prisoners in Vietnam.