Judicial vaginal inspections

The judge denied the motion on April 14, on the grounds that the measure in question was appropriate for maintaining the internal security of the prison. The Commission is not authorized to give legal advice to citizens or represent clients. Such rulings may be appealed to a higher court and must be pursued through the legal process. The Judicial Inspections Department performs these duties according to a ranking plan and if necessary, undertakes an audit of record logd and tracks them. It would seem that other and less restrictive procedures, such as the search of inmates and their cells, are a more efficient and reasonable means of guaranteeing internal security. In the instant case, the petitioners allege that the exercise of this right suffered an illegitimate restriction and that a number of other rights protected by the Convention, particularly their right to personal integrity and the right to honor and dignity were violated while they sought to exercise this right. Home Treaties Search Links.
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vaginal inspection

The right to privacy guarantees that each individual has a sphere into which no one can intrude, a zone of activity which is wholly one's own. In addition, it should not be ignored that the special legal position of prisoners, by its very nature, results in a number of limitations to the exercise of their rights. X and her daughter had a right to have their privacy, dignity and honor respected when they sought to exercise their rights to family, even if a family member was in detention. Judicial misconduct is any violation of the Code of Judicial Conduct, which may include, but is not limited to, the following: The Commission generally meets six times a year. The present case, however, entails the rights of visitors whose rights are not automatically limited by virtue of their contact with the inmates. The state, which has custody of all of those persons in detention and is responsible for their well-being and safety, has a greater latitude to apply what measures may be necessary to ensure security in the case of inmates. However, Public Bulletin No. Home Treaties Search Links. Because of the child's age, it is evident that the vaginal inspection was an absolutely inadequate and unreasonable method.
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Judicial Correction Services

Moreover, the Commission has no reason to assume official motives that are not objectively verified. The Judicial Investigation Commission JIC is an independent body responsible for investigating complaints of judicial misconduct. A clear example of this is the practice which determines that a person's home is under special protection and cannot be searched without a warrant. Moreover, the measure should always be performed by qualified personnel exercising the necessary care to ensure that no physical harm results from the procedure and conducting the examination in such manner so as to ensure that those persons submitted to it do not feel that their mental and moral integrity has been affected. Nevertheless, the Commission would like to underscore that the present case involves a particularly intimate aspect of a woman's private life and that the procedure in question, whether its application is justifiable or not, is likely to provoke intense feelings of shame and anguish in almost all persons who are submitted to it. They must also meet certain substantive conditions which depend upon the legitimacy of the ends that such restrictions are designed to accomplish. The inspection will be carried out or directed, with due respect for human dignity, according to the procedure established in the regulations, by personnel of the visitor's same sex. In this respect the Court wishes to emphasize that "public order" or "general welfare" may under no circumstances be invoked as a means of denying a right guaranteed by the Convention or to impair or deprive it of its true content See Article 29 a of the Convention.
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Description:Those concepts, when they are invoked as a ground for limiting human rights, must be subjected to an interpretation that is strictly limited to the "just demands" of "a democratic society," which takes account of the need to balance the competing interests involved and the need to preserve the object and purpose of the Convention. Sterilization guaranteed if package unopened. Although the measure in question may be exceptionally adopted to guarantee security in certain specific cases, it cannot be maintained that its systematic application to all visitors is a necessary measure in order to ensure public safety. Judgement of April 26, , Series A, vol. The Commission considers that exceptions to this rule should be expressly stated in the law. Therefore, the Commission concludes that when the State of Argentina required Ms. X, though under protest, submitted to this procedure several times before she filed the writ of amparo demanding that the inspections on both herself and her daughter cease. Moreover, the Commission would also like to note that in the case of Y no real consent was possible.

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