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HUMAN RIGHTS AND THE RIGHT OF THE POLICE TO USE PHYSICAL FORCE (FROM SOCIAL CHANGE, CRIME AND POLICE: INTERNATIONAL CONFERENCE, JUNE 1-4, 1992, BUDAPEST, HUNGARY, P 43-55, 1993, JOZSEF VIGH AND GEZA KATONA, EDS. -- SEE NCJ- 144794)

NCJ Number
144797
Author(s)
K Sveri
Date Published
1993
Length
13 pages
Annotation
This paper examines the right of the police to use force within the parameters of international human rights codes.
Abstract
A principal dilemma faced by the police of most countries is a state's demand that the police maintain public order, but within certain legal mandates that may inhibit police efforts to control citizen behaviors. Although the police agencies of various countries may operate from somewhat different philosophies and structures, all have the monopoly on being allowed to use physical force to perform their lawful duties. Police have been equipped with batons, firearms, and other weapons designed to enforce compliant behavior from citizens and protect the police from injury and death. The police use of force, however, must constantly be tested by international human rights codes, such as those promulgated by the United Nations and the Council of Europe. These codes forbid arbitrary killing as well as torture, inhumane, and degrading treatment; they advocate the right to liberty and security, the right to privacy, and the right to peaceful assembly. It is difficult to monitor the police to ensure that their actual practices do not violate cherished human rights, so unlawful violence by police may occur under the cover of police secrecy and rationalizations. At the very least, police training and monitoring on the use of force should incorporate the values of international human rights codes. 6 references