European and Canadian Provisions on Keeping Contact Between the Person Deprived of his Liberty and his Family, Differences and Similarities

• Author: Iulia Popescu
• Position: PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest, Judge (e-mail: iulia.tudor@yahoo.com, iuliapopescu35@gmail.com).
• Pages: 141-149

LESIJ NO. XXVI, VOL. 2/2019

EUROPEAN AND CANADIAN PROVISIONS ON KEEPING CONTACT

BETWEEN THE PERSON DEPRIV ED OF HIS LIBERTY AND HIS FAMILY,

DIFFERENCES AND SIMILARI TIES

Iulia POPESCU

∗

Abstract

Every democratic society seeks to create a stable environment for its members, trying to identify

the needs of citizens, in all aspects, creating legal norms to ensure the proper functioning of society as

a whole is one of the needs. The family as an institution, but also as a form of people's approach,

requires maintaining a balance in the family relations, a desideratum pursued by both society and its

members. Situations where a family member is deprived of liberty following a final court decision raise

various questions about the family situation and the links between the family and the person in custody.

The European states, as well as Canada, have recognized the importance of the family in the life of a

person deprived of liberty by adopting rules in the field of penitentiary that contribute to the

desideratum of the proper functioning of the family. But these rules also present, carefully scrutinized.

Keywords: family, convicted, Canada, European states, rules.

Introduction

Man and the satisfaction of his needs

have always been objectives pursued by

each democratic society for its members,

both in identifying needs and in meeting

them.

The testimony of the efforts made by

the European states and not only, in the

attempt to establish as general rules, the

rights considered as fundamental and on

which the EU Member States report in the

creation of the general framework of the

rights of their citizens, stands “THE

FUNDAMENTAL RIGHTS OF A

EUROPEAN UNION” proclaimed by the

European Commission, the European

Parliament and the Council of the European

Union on 7 December 2000 at the Nice

European Council1.

∗ PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest, Judge (e-mail:

iulia.tudor@yahoo.com, iuliapopescu35@gmail.com).

1 https://eur-lex.europa.eu/legal-content/RO/TXT/PDF/?uri=CELEX:12012P/TXT&from=PT.

Since the Preamble to the Charter, the

direction that the European states want to

embrace, namely “the peoples of Europe,

establishing an ever closer union among

them, have decided to share a peaceful future

based on common values”, the common

values representing even the fundamental

rights in the Charter, which concern inter

alia the right to live, respect for private and

family life, marriage and the founding of a

family, family life and freedom and the

principle of non-discrimination in

accordance with Union law and international

law established by international conventions

to which the Union or all the Member States

are parties, in particular the European

Convention for the Protection of Human

Rights and Fundamental Freedoms and the

constitutions of the Member States.

The existence of the principle of non-

discrimination shows the equal treatment