OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES
The overcrowding phenomenon in detention centers generates serious issues with respect to the human dignity – corollary of the fundamental human rights. Both international legislation and the jurisprudence of the European Court of Human Rights relating to article 3 and 8 of the European Convention...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2019-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_004.pdf |
| _version_ | 1818909686004449280 |
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| author | Dorian CHIRIȚĂ |
| author_facet | Dorian CHIRIȚĂ |
| author_sort | Dorian CHIRIȚĂ |
| collection | DOAJ |
| description | The overcrowding phenomenon in detention centers generates serious issues with respect to the human dignity – corollary of the fundamental human rights. Both international legislation and the jurisprudence of the European Court of Human Rights relating to article 3 and 8 of the European Convention of the Human Rights address the issue of prison overcrowding, stating that this can lead to violation of fundamental human rights, causing severe physical and psychological trauma, which is aggravating as the prisoners spend more time in the detention center. If this issue wasn’t given much attention in the past, being considered an inevitable mental sufferance of the execution of punishment, respectively a reasonable constraint determined by the conviction, lately it has been approached more seriously, at both national and international level and, as a result, new standards are set for ensuring the protection of the fundamental human rights. The purpose of this study is to identify the problems that prison overcrowding generates for both the detainee, on a personal level, and for the detention centers, from the administrative point of view. Moreover, this study critically analyses the national and international evolution of the legislation and the national policies of the competent institutions and authorities in dealing with this issue. At the same time, the author offers practical legislative and administrative solutions which may lead to reducing the phenomenon of prison overcrowding. |
| first_indexed | 2024-12-19T22:30:51Z |
| format | Article |
| id | doaj.art-3f6bf04cabf04c04bcb9978da0a41945 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-12-19T22:30:51Z |
| publishDate | 2019-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-3f6bf04cabf04c04bcb9978da0a419452022-12-21T20:03:20ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962019-05-011313337OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIESDorian CHIRIȚĂ0Faculty of Law, “Nicolae Titulescu” University, Bucharest, RomaniaThe overcrowding phenomenon in detention centers generates serious issues with respect to the human dignity – corollary of the fundamental human rights. Both international legislation and the jurisprudence of the European Court of Human Rights relating to article 3 and 8 of the European Convention of the Human Rights address the issue of prison overcrowding, stating that this can lead to violation of fundamental human rights, causing severe physical and psychological trauma, which is aggravating as the prisoners spend more time in the detention center. If this issue wasn’t given much attention in the past, being considered an inevitable mental sufferance of the execution of punishment, respectively a reasonable constraint determined by the conviction, lately it has been approached more seriously, at both national and international level and, as a result, new standards are set for ensuring the protection of the fundamental human rights. The purpose of this study is to identify the problems that prison overcrowding generates for both the detainee, on a personal level, and for the detention centers, from the administrative point of view. Moreover, this study critically analyses the national and international evolution of the legislation and the national policies of the competent institutions and authorities in dealing with this issue. At the same time, the author offers practical legislative and administrative solutions which may lead to reducing the phenomenon of prison overcrowding.http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_004.pdfconditions of detentiontreatment of detaineesprohibition of inhuman and degrading treatmentsrelevant international and european standardslegislative measures on prison overcrowding |
| spellingShingle | Dorian CHIRIȚĂ OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES Challenges of the Knowledge Society conditions of detention treatment of detainees prohibition of inhuman and degrading treatments relevant international and european standards legislative measures on prison overcrowding |
| title | OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES |
| title_full | OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES |
| title_fullStr | OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES |
| title_full_unstemmed | OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES |
| title_short | OVERCROWDING – CURRENT ISSUES IN ROMANIAN DETENTION CENTERS. CAUSES, EFFECTS AND REMEDIES |
| title_sort | overcrowding current issues in romanian detention centers causes effects and remedies |
| topic | conditions of detention treatment of detainees prohibition of inhuman and degrading treatments relevant international and european standards legislative measures on prison overcrowding |
| url | http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_004.pdf |
| work_keys_str_mv | AT dorianchirita overcrowdingcurrentissuesinromaniandetentioncenterscauseseffectsandremedies |