Respect for Human Dignity – The Fundamental Principle of Romanian and European Penal Enforcement Law

Abstract

Dignity represents the foundation of the fundamental rights of every person, acknowledged as such by all documents concerning their protection. This paper aims to present, at both theoretical and jurisprudential levels, the ways in which human dignity is protected, guaranteed, and respected in the field of criminal enforcement law, being elevated to a fundamental principle under the provisions of Article 4 of Law no. 254/2013: “Penalties and measures involving deprivation of liberty shall be executed under conditions that ensure respect for human dignity.” Alongside the prohibition of torture and inhuman or degrading treatment, the respect for human dignity also includes the states’ obligation to protect the health of all persons deprived of liberty, by ensuring access to proper medical treatment and detention conditions that do not cause additional suffering to incarcerated individuals. Deprivation of liberty must not equate to deprivation of dignity. The paper will also analyze the case law of the European Court of Human Rights and European regulations, since human dignity is part of European Union law. The European Prison Rules REC(2006)2 of the Council of Europe are of particular importance, as they establish clear obligations for authorities responsible for the custody of detainees in member states, aiming to prevent violations of human dignity. All of these contribute, from a reparatory and protective perspective of criminal justice systems, to a greater respect for the human dignity of the individual, while also aiming to protect society and rehabilitate inmates, thus facilitating the achievement of re-education goals of the punishment.