INHUMAN TREATMENTS APPLIED TO MINORS. CONCEPTUAL DELIMITATION

Abstract

The actuality of the topic derives from the existence of these dangerous phenomena at the level of society from ancient times up to the present, an aspect that determines us to speak, unfortunately, about the perenniality of the topic approached. The key to defending human rights is the Universal Declaration of Human Rights, signed by the quasi-unanimity of the world's states. In addition, we have the Convention against Torture and Inhuman or Degrading Treatment or Punishment adopted by the United Nations, the European Convention on Human Rights (ECHR) and the Convention establishing the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), to which the Republic of Moldova is a party and has assumed a series of commitments. At European level, the abolition of the death penalty is a prerequisite for EU membership. In the same context, we add, torture, inhuman or degrading treatment, fall within the same range of aggressions directed against fundamental human rights. Both at constitutional level and in the organic laws of the Republic of Moldova or in the special legislation, as the case may be, there are stipulated rights and obligations to combat the torture practices, as well as inhuman or degrading treatments. Comparing the legislation of the Republic of Moldova with the legislation of Romania, as well as with the international legislation regarding the criminalization of torture and inhuman or degrading punishment, we notice sensible approaches.