PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR

Basically, the scope of art. 8 ECHR is to protect individuals against arbitrary interference of public authorities with their private and family life. The need to comply with this desideratum may require certain positive obligations on a State to ensure effective respect for the rights protected by...

Full description

Saved in:
Bibliographic Details
Main Authors: Nicolae-Cătălin MAGDALENA, Luminița CRIȘTIU-NINU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2025-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_004.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1849728523209539584
author Nicolae-Cătălin MAGDALENA
Luminița CRIȘTIU-NINU
author_facet Nicolae-Cătălin MAGDALENA
Luminița CRIȘTIU-NINU
author_sort Nicolae-Cătălin MAGDALENA
collection DOAJ
description Basically, the scope of art. 8 ECHR is to protect individuals against arbitrary interference of public authorities with their private and family life. The need to comply with this desideratum may require certain positive obligations on a State to ensure effective respect for the rights protected by art. 8. These obligations may involve the adoption of specific measures, including the provision of effective and accessible means of protecting the right to private life. Such measures, in turn, may include both the adoption of a regulatory framework for judicial and enforcement mechanisms to protect the rights of individuals and the implementation, where appropriate, of such measures in different circumstances. This paper aims to address the compatibility of existing provisions in national law on the participation of persons deprived of their liberty in tragic family events, such as funerals of close relatives, with the provisions of the ECHR and the case-law of the Court of Strasbourg from the perspective of the observance of the right to private and family life.
format Article
id doaj-art-fe2924dfe3c5462391d6f260aec4c7b8
institution DOAJ
issn 2068-7796
2359-9227
language English
publishDate 2025-05-01
publisher Nicolae Titulescu University Publishing House
record_format Article
series Challenges of the Knowledge Society
spelling doaj-art-fe2924dfe3c5462391d6f260aec4c7b82025-08-20T03:09:31ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962359-92272025-05-011812837PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHRNicolae-Cătălin MAGDALENA0Luminița CRIȘTIU-NINU1Lecturer, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: magdalena.catalin@gmail.com)Lecturer, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: luminitaninu@yahoo.com)Basically, the scope of art. 8 ECHR is to protect individuals against arbitrary interference of public authorities with their private and family life. The need to comply with this desideratum may require certain positive obligations on a State to ensure effective respect for the rights protected by art. 8. These obligations may involve the adoption of specific measures, including the provision of effective and accessible means of protecting the right to private life. Such measures, in turn, may include both the adoption of a regulatory framework for judicial and enforcement mechanisms to protect the rights of individuals and the implementation, where appropriate, of such measures in different circumstances. This paper aims to address the compatibility of existing provisions in national law on the participation of persons deprived of their liberty in tragic family events, such as funerals of close relatives, with the provisions of the ECHR and the case-law of the Court of Strasbourg from the perspective of the observance of the right to private and family life.https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_004.pdfart. 8 echrprivate and family liferemand in custodyrights of persons deprived of their libertycriminal proceedings
spellingShingle Nicolae-Cătălin MAGDALENA
Luminița CRIȘTIU-NINU
PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR
Challenges of the Knowledge Society
art. 8 echr
private and family life
remand in custody
rights of persons deprived of their liberty
criminal proceedings
title PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR
title_full PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR
title_fullStr PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR
title_full_unstemmed PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR
title_short PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR
title_sort particular aspects relating to the right to private and family life of persons deprived of their liberty in the light of art 8 echr
topic art. 8 echr
private and family life
remand in custody
rights of persons deprived of their liberty
criminal proceedings
url https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_004.pdf
work_keys_str_mv AT nicolaecatalinmagdalena particularaspectsrelatingtotherighttoprivateandfamilylifeofpersonsdeprivedoftheirlibertyinthelightofart8echr
AT luminitacristiuninu particularaspectsrelatingtotherighttoprivateandfamilylifeofpersonsdeprivedoftheirlibertyinthelightofart8echr