Danubius International Conferences, 12th International Conference on European Integration - Realities and Perspectives

Prohibition of Torture, Inhuman or Degrading Treatment

Secas Galina, Mădălina Micu, Cristian Ștefan Doaga
Last modified: 2017-03-31

Abstract

We chose to elaborate this study with the purpose of revealing the truth of people behind bars, the human dignity of prisoners that is violated. I consider that the respect of the human dignity in the prison is an important aspect  that demonstrates the superioritaty of the modern social structure. As long as romanian standards don't measure up to the european level regarding the detention conditions ,even more the prisonners fundamental rights as human beings are being violated, so we should expect a large number of malfunctions and social disfunctions. The european doctrine considers that the difference of treatment comes from the lack of respect for the individual's  personality which the state agents try to humiliate, the 3rd article from CEDO, and the states are bound to sanction this kind of behavior . At the same time it can be applied the disposition of the art. 14 from Convention , and the art. 1 from the 12th Protocol of CEDO, that forbids and sanctions any kind of unjustified discrimination in an objective and reasonable way , as the difference of treatment can be apreciated based in the individual's personality. The sistem of discrimination and abuse in prison which is being built in a thorough technocratic mode can be stopped only if more and more employees undestand that their rights are no luxury. They should stop being hostile and feel superior towards the prisoners and ignoring the real problems of the prison sistem.