RIGHT TO DEFENSE AS A HUMAN RIGHT: « SCOPE AND LIMITS ANALYSIS IN A GLOBAL LEGAL CONTEXT »

Abstract

This article examines the right to defense as a crucial foundation of human rights and justice. It emphasizes that this right, rooted in various international legal instruments, ensures that every individual has the inherent right to be treated fairly and to have the opportunity to present their defense when facing criminal charges or other legal proceedings.

The scope of the right to defense is broad and encompasses several essential components, such as the right to be informed, to legal assistance, to a fair trial, and to remain silent. These elements are firmly embedded in international legal instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

However, the right to defense is not absolute and may be subject to limitations or restrictions justified by legitimate imperatives such as national security or the protection of others' rights. These limitations may include legal constraints, restrictions related to national security, and conflicts with other human rights.

The article also examines critical perspectives and possible developments regarding the right to defense, such as enhanced protection of digital rights, revisions of anti-terrorism laws, and recognition of the rights of vulnerable defendants. It highlights the importance of striking a balance between security and individual freedom, while underscoring the crucial role of transparency, adaptation to new threats, and protection of privacy.