Protecţia minorilor privaţi de libertate. Perspectiva naţională şi standardul internaţional // Protection of Juveniles Deprived of Liberty. The National Perspective and the International Standard

Abstract

Deprivation of liberty of minors is a recognized concern at the national and international level, solutions being sought in order to fulfill the purpose of custodial sanctions, namely the reintegration and prevention of criminal acts committed by minors. In this context, at the European and international level, solutions have been proposed, through which the states may develop an efficient and coherent system that ensures the fulfillment of this goal. Whether they are mandatory or recommendatory, these instruments were taken into account in the creation of the current system for the execution of custodial educative measures in Romania. This paper presents an analysis of the national legislation on custodial educative measures, compared to the standard required by the relevant international instruments, as well as the means that the state involved in the process of reintegration of the juvenile offender have, with a focus on involvement of family, of the minor's legal representatives and state representatives.

Keywords

• juvenile detention
• custodial educational measures
• international instruments
• national standard