Mechanisms for the protection of missing persons in national legislation

Abstract

Abstract: International law and criminal and constitutional law conflict over the protection of missing persons. While constitutions suffice to lay down the general rule not to prejudice a person’s right to liberty and security, on the other hand, we find that punitive laws deal with the issue of regulating and criminalizing forms of assault on these rights, guided by the international standards stipulated in the framework International humanitarian law and international human rights law The most important acts that lead to the loss of persons are kidnapping, liquidation cases outside the framework of the law, or because of wars and armed conflicts, and cases of internal violence, and these acts are criminalized by all national legislations Despite the fact that the enforced disappearance of persons is an ancient phenomenon known to human societies from the date of its first inception, international human rights conventions do not include explicit provisions on the right not to be subjected to this