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Home » Archive » The Right To Safety: Some Jurisprudential Reflections

Antonio Romano-Tassone
The Right To Safety: Some Jurisprudential Reflections
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In the recent legal literature there is certainly no lack of
studies concerning the increasing risks to which all individuals
and society as a whole are exposed. However, the legal framework
within which such risks ought to be considered and dealt with is
much less clearly specified. This article makes an attempt in this
direction. It argues that, from a jurisprudential perspective, a right
to safety exists. It then points out that such a right to safety has
obtained international recognition in the last years. As a next step,
the article considers how this right can result in practical
remedies. The conclusion is that, in order to ensure the respect of
the right to safety, private action or private enforcement is
inadequate. Public law tools are necessary, particularly in the field
of criminal law.

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