IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v11y2022i1p189-204.html
   My bibliography  Save this article

Detention Conditions Reflected In The Jurisprudence Of Article 3 Of The European Convention On Human Rights

Author

Listed:
  • Aurel Octavian Pasat

    (Cross-border Faculty, "Dunarea de Jos" University, Romania)

Abstract

The number of convicted in prisons is growing worldwide and it is no secret that deprivation of liberty does not justify many of the objectives and material means assigned to it. Deprivation of liberty has several objectives: ensuring the security of society by isolating offenders, reducing recidivism and re-educating offenders. However, prison conditions, especially those in Eastern Europe, do not meet the standards imposed by international institutions. The specific international legislation is extremely concise with this field, given the fact that through its content and applicability it occupies a priority role in the policy of any rule of law. Because a rule of law, through its social protection components, manifests its concern for its citizens, and especially for those in vulnerable situations, and the execution of a custodial sentence is certainly among the vulnerabilities that require increased care for these categories of individuals. The purpose of this article is to study the theoretical, practical and legislative aspects regarding the legal interpretation of the human rights institution from the perspective of the existence of conditions of detention in prisons, aspects reflected in the jurisprudence of the European Court of Human Rights.

Suggested Citation

  • Aurel Octavian Pasat, 2022. "Detention Conditions Reflected In The Jurisprudence Of Article 3 Of The European Convention On Human Rights," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(1), pages 189-204, March.
  • Handle: RePEc:sja:journl:v:11:y:2022:i:1:p:189-204
    as

    Download full text from publisher

    File URL: https://adjuris.ro/revista/articole/An11nr1/21.%20Octavian%20Pasat%20eng.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    European Court of Human Rights; European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; ill-treatment.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:11:y:2022:i:1:p:189-204. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/ssjarea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.