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...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2025-05-01
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| 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 |
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| _version_ | 1849728523209539584 |
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| 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 |