JUVENILE’S RIGHT TO LIBERTY AND SECURITY AND THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS - PRIVILEGED ОR EQUAL?

  • Milica Kovačević, PhD University of Belgrade, Faculty of Special Education and Rehabilitation
  • Veljko Turanjanin, PhD University of Kragujevac, Faculty of Law

Apstrakt

According to the provisions of The European Convention of Human Rights (ECHR), everyone has the right to liberty and security of person. Article 5 of ECHR specifically enumerates the grounds which can lawfully justify a deprivation of liberty. However, apart from the detention after conviction by a competent court, detention after arrest or detention in order to preserve public safety, minors can also be detained for the purpose of educational supervision and for the purpose of bringing a minor before the competent legal authority. The aim of this paper is to analyze case-law of the European Court of Human Rights, in order to point out to special circumstances that enable the lawful detention of a juvenile and, also, in order to compare the position of juveniles with the position of adults in reference to the protection of the right to liberty. Also, it is questionable if minors are entitled to a better protection against the deprivation of liberty than adults. Nevertheless, it is also questionable if, in reference to educational supervision, there is a possibility of detaining a minor under extensively defined grounds, although, over the last several decades, there bas been an internationally established notion that a minor should be detained only as a last resort and for the shortest appropriate period of time.

Objavljeno
2014-04-30
Sekcija
Pregledni naučni rad