Standardele în materie de protecție a dreptului la sănătate al persoanelor condamnate, custodiate de sistemul penitenciar românesc
The standards for the protection of the right to health of convicts, held by the Romanian penitentiary system

Summary/Abstract: The article deals with the protection of the right to health of detainees, held by the Romanian penitentiary police. In general, regulations guarantee convicted persons, without discrimination in relation to their legal situation, the same prerogatives as free patients, with some specific features and restrictions. The general medical legislation is also applicable to patients deprived of liberty, when there are no provisions to the contrary, and the legislation on the execution of sentences, when addressing medical issues, functions as a special legislation, customized for a certain category of patients, those deprived of liberty in the penitentiary system, adding or derogating from the general rules.The standards in terms of protection of the right to health of convicted persons result from the combination of internal requirements in the field with those expressed by international documents recognized by Romania. From the perspective of the right to health, the persons held by the Romanian penitentiary system enjoy both the protection provided by the national legislation and the one ensured by the European norms in the field of human rights, in the sense that there is a complementarity between internal and European requirements. The implications consist in clarifying the analyzed topic, facilitating an overview of the issue.

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