Jurisprudenţa Curţii Europene a Drepturilor Omului – octombrie-noiembrie 2016
The jurisprudence of the European Court of Human Rights – October-November 2016

Summary/Abstract: 1. Prohibition of torture - Art. 3 of the Convention - Muršić v. Croatia;The Court found no reason to deviate from the minimum standards established already in its cases, that area which should benefit a detainee in a collective cell, it is 3m2. The same rule applies to people preventively detained, not just people who is serving a sentence of deprivation freedom. Although the standards developed by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the minimum allowed is 4m2, The Court noted that the rules developed outside its case, both internationally and national, are not decisive in assessing an infringement to the Art. 3. 2. The right to respect for private and family life - Art. 8 of the Convention - Dubská and Krejzová v. Czech Republic;The Court confirmed that Art. 8 of the Convention includes the right to decide on where the given birth takes place. The paradox of this judgment is stressed dissenting opinion, stating that a prohibition de facto on home birth inevitably leads to a very high risk to the child and mother, the latter opts for a birth at home without assistance from to the skilled person. However, a legislative framework that decides the only option for normal birth is in a hospital does not appear proportionate. 3. The right not to be judged or punished twice - Art. 4 of the Protocol. No.7 - A and B v. Norway;The evolution of Norwegian law and Norwegian Supreme Court jurisprudence, in parallel with developments in the Court's case had a significant role in convincing the Court that the principle of non bis in idem principle has been respected.

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