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
SUMMARY

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... (see full summary)

 
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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 UNIONproclaimed 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

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