scholarly journals The ECHR Condemns Prison Overcrowding in Italy: The Total Reorganization of the Institution and the Social Reintegration of the Prisoner

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Maria Garro ◽  
Federica Cirami
Keyword(s):  
Open System ◽  
Prison System ◽  
Dynamic Monitoring ◽  
Council Of Europe ◽  
Employment Opportunities ◽  
Social Reintegration ◽  
Structural Problems ◽  
The Social ◽  
Effective System ◽  
Overnight Stays

The contribution analyses the current Italian prison system, which has been called upon on to resolve its structural problems. The Council of Europe, in fact, in 2013 condemned Italy for inhuman treatment in its prisons. The principal accusation concerns the problem of overcrowding. The country has responded with solutions such as the application of the open system, which provides cells solely for overnight stays, and dynamic monitoring, an effective system for ensuring order in the institutions. These initiatives aim to promote re-educational activities and the social re-integration of prisoners. In addition, Italian institutions have made greater use of alternatives to custodial penalties in order to tackle overcrowding and to provide more opportunities for social re-integration.This contribution focuses on the need to increase prisoners’ employment opportunities. In fact, Italy seems to have neglected this area, which is fundamental for re-integration into the community sphere.

scholarly journals Percepções dos trabalhadores do sistema penitenciário sobre suas atividades relacionadas à inclusão pelo trabalho de apenados em regime aberto / Perception of prison workers on their activities related to inclusion by the work of the prisoners in the open system sentence

2020 ◽  
Vol 4 (4) ◽  
pp. 646-663
Author(s):  
Francis Gabriela Do Nascimento Chajon ◽  
Carolina Maria Do Carmo Alonso ◽  
Beatriz Akemi Takeiti
Keyword(s):  
Open System ◽  
Rio De Janeiro ◽  
Social Inclusion ◽  
Prison System ◽  
Content Analysis Method ◽  
The Social ◽  
El Sistema ◽  
Sociedad Civil ◽  
Daily Deals ◽  
The City

Introdução: A literatura aponta diversas pesquisas envolvendo o sistema prisional, entretanto, são escassos aqueles que dão visibilidade às atividades dos profissionais que, cotidianamente, acompanham o processo de inclusão dos apenados no trabalho. Objetivo: Esse estudo teve como objetivo analisar a percepção dos trabalhadores do sistema prisional sobre suas atividades relacionadas a inclusão no trabalho de apenados em meio aberto. Metodologia: Trata-se de uma pesquisa exploratória, de abordagem qualitativa, que teve como participantes trabalhadores de uma instituição prisional que faz inclusão de apenados no trabalho no município do Rio de Janeiro. Sete entrevistas semiestruturadas foram realizadas e analisadas pelo método da análise de conteúdo. Resultados e Discussão: Os resultados desta pesquisa identificaram aspectos sobre o funcionamento da instituição, bem como do processo de identificação do apenado para ressocialização ainda no regime fechado e atividades incentivadoras a permanência no trabalho de egressos da penitenciária. Ademais, a pesquisa demonstrou que os trabalhadores entrevistados não tinham formação específica para trabalhar no contexto prisional, traços de precariedade nas condições de trabalho e desconhecimento da sociedade civil sobre a realidade explorada nesse estudo. Assim, embora o trabalho seja reconhecido como eixo para a inclusão social dos apenados, ainda existem barreiras nesse processo. Conclusão: Esta pesquisa deu visibilidade ao trabalho dos profissionais que desempenham papel singular no sistema prisional. Espera-se que as informações levantadas sejam úteis para que formuladores de políticas públicas possam aprimorar a atividade desses trabalhadores. Sugere-se que outras pesquisas sejam realizadas visando engendrar soluções para as dificuldades enfrentadas pelos trabalhadores. AbstractThere are several investigations about the prison system and its actors. However, few papers addresses the activities of the professionals that daily deals with the process of inclusion of the prisoners in work. Objective: To analyze the perception of prison workers on their activities related to inclusion by the work of the prisoners in the open system sentence. Methods: It is qualitative research that had as participants the workers of a prison institution that realize the inclusion in the work of prisoners in the city of Rio de Janeiro. The seven interviews were analyzed by the content analysis method. Results and discussion: This research identified aspects about the functioning of the institution, issues about the process of identification of the person for resocialization, still in the closed regime and activities to promote the permanence in working outside the prison. Besides, the research showed that the interviewed workers did not have specific training to strive in the prison context, traces of precarious working conditions, and lack of knowledge of civil society about this reality. Thus, although work is recognized as the axis for the social inclusion of the convicted, there are barriers in this process. Conclusions: This study gave visibility to the work of professionals who play a unique role in the prison system. It is expected that the information gathered can be useful for policymakers to improve the activity of these workers. It is suggested that further research could aim to generate solutions to the difficulties faced by workers.Keywords: Social Control, Prisons, Employment; Occupational therapy.ResumenHay varias investigaciones sobre el sistema penitenciario y sus actores. Sin embargo, ninguno de ellos dio visibilidad a las actividades de los profesionales que diariamente siguen el proceso de inclusión de los reclusos en el trabajo. Objetivo: Para reducir esta brecha este estudio analizó la percepción de los trabajadores de prisiones sobre sus actividades relacionadas con la inclusión de los detenidos bajo la sentencia de regímen abierto. Metodología: Es una investigación cualitativa que tuvo como sujeto a los trabajadores de un cárcel que promueve la inclusión social a través del trabajo de los detenidos en la Ciudad de Rio de Janeiro. Las siete entrevistas fueron analizadas por el método de análisis de contenido. Resultados y discusión:  Los resultados de esta investigación identificaron los aspectos sobre el funcionamiento del cárcel, cuestiones sobre el proceso de identificación de la persona para el proceso de resocialización aún en régimen cerrado y actividades para incentivar la estancia en el trabajo fuera del cárcel. Además, la investigación apuntó que los trabajadores entrevistados no tenían capacitación específica para trabajar en el contexto de la prisión, rastros de condiciones de trabajo precarias y falta de conocimiento de la sociedad civil sobre la realidad explorada en este estudio. Por lo tanto, aunque el trabajo es reconocido como el eje para la inclusión social de las víctimas, existen barreras en este proceso. Conclusión: Esta investigación dio visibilidad al trabajo de profesionales que juegan un papel singular en el sistema penitenciario. Se espera que la información recopilada sea útil para los responsables políticos para mejorar la actividad de estos trabajadores. Se sugiere que se realicen más investigaciones con el objetivo de generar soluciones a las dificultades que enfrentan los trabajadores.Palabras clave: Control Social, Cárcel, Empleo, Terapia ocupacional.     

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

Collaboration supports successful outcomes

Impact ◽  
2019 ◽  
Vol 2019 (9) ◽  
pp. 4-5
Author(s):  
Antonio Loprieno
Keyword(s):  
Full Range ◽  
Science Research ◽  
European Federation ◽  
Council Of Europe ◽  
Political Factors ◽  
Eu Member States ◽  
Research And Innovation ◽  
The Social ◽  
Learned Societies ◽  
Framework Conditions

ALLEA (All European Academies) is the European Federation of Academies of Sciences and Humanities. It was founded in 1994 and brings together almost 60 Academies of Sciences and Learned Societies from over 40 countries in the Council of Europe region. ALLEA is financed by annual dues from its member academies and remains fully independent from political, religious, commercial or ideological interests.<br/> Member Academies operate as learned societies, think tanks, or research performing organisations. They are self-governing communities of leaders of scholarly enquiry across all fields of the natural sciences, the social sciences and the humanities. ALLEA therefore provides access to an unparalleled human resource of intellectual excellence, experience and expertise. Furthermore, its integrative membership structure comprises Academies from both EU and non-EU member states in Europe.<br/> ALLEA seeks to contribute to improving the framework conditions under which science and scholarship can excel. Jointly with its Member Academies, ALLEA is in a position to address the full range of structural and policy issues facing Europe in science, research and innovation. In doing so, it is guided by a common understanding of Europe, bound together by historical, social and political factors as well as for scientific and economic reasons.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

Experimentalists in the Republic of Letters

2003 ◽  
Vol 16 (1-2) ◽  
pp. 89-120 ◽  
Author(s):  
H. Otto Sibum
Keyword(s):  
Scientific Revolution ◽  
Formative Period ◽  
Republic Of Letters ◽  
Experimental Knowledge ◽  
Natural Knowledge ◽  
Structural Problems ◽  
The Social ◽  
The Republic ◽  
Academic Recognition ◽  
Electro Magnetic

ArgumentWithin the Republic of Letters the art of experiment led to immense reorientation and an extensive redrawing of the enlightened map of natural knowledge. This paper will investigate the formative period of the exact sciences from the late eighteenth to the nineteenth century when the persona of the experimentalist as a scientific expert was shaped. The paper focuses on Moritz Hermann Jacobi’s experimental knowledge derived from his modeling of an electro-magnetic self-acting machine and the social and epistemological problems of its integration into traditional academic life. His struggle to achieve academic recognition and credibility for his experimental work reflects not just his individual quandary, but important structural problems of the historical development of experimental knowledge traditions and science in what has been called the “second scientific revolution.”

scholarly journals O cárcere como instrumento de gestão penal da pobreza

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Victória Maria Américo de Oliveira ◽  
Alexandre Ribas de Paulo
Keyword(s):  
Mass Media ◽  
Critical Analysis ◽  
Mass Incarceration ◽  
Prison System ◽  
Public Security ◽  
Penal System ◽  
Social State ◽  
The Poor ◽  
The Social

RESUMOO presente artigo propõe uma análise crítica acerca do cárcere e seus efeitos no tratamento estatal dado à população socialmente vulnerável, traçando uma relação entre o Estado Social e o Estado Penal. Questionando o interesse que norteia a (in)eficácia do sistema prisional e como ele se legitima socialmente através de um discurso político de segurança pública amparado pelo pânico propagado pelos meios de comunicação, pretende-se expor a seletividade tanto da normal penal quanto do sistema criminal, que, somadas, resultam na construção do perfil do delinquente e no encarceramento em massa dos pobres. A partir de uma exposição crítica, almeja-se fomentar o debate do papel da criminalização da pobreza na gestão das ilegalidades pelos interessados nos produtos do cárcere.PALAVRAS-CHAVEDireito Penal. Criminologia. Sistema Penal. Seletividade. Pobreza. ABSTRACTThis article proposes a critical analysis about the prison and its effects on the state treatment given to the socially vulnerable population, drawing a relationship between the Social State and the Criminal State. Questioning the interest that governs the (in) effectiveness of the prison system and how it legitimizes itself socially through a political discourse of public security supported by the panic propagated by the mass media, it is intended to expose the selectivity of both the normal criminal and the criminal system, which, together, result in the construction of the delinquent profile and the mass incarceration of the poor. From a critical exposition, it is hoped to foment the debate of the role of the criminalization of poverty in the management of illegalities by those interested in the products of prisonKEYWORDSCriminal law. Criminology. Penal system. Selectivity. Poverty.

scholarly journals ENTREPRENEURSHIP FOR REINSERTION, SOCIAL INNOVATION AND SUSTAINABILITY

2019 ◽  
Vol 7 (9) ◽  
pp. 47-70
Author(s):  
Fabio Biasotto Feitosa ◽  
Flávio de São Pedro Filho ◽  
Luciana Bezerra Gonçalves ◽  
Vanessa Piffer ◽  
Lucas Moreira de Souza ◽  
...  
Keyword(s):  
Addiction Treatment ◽  
Social Innovation ◽  
Therapeutic Communities ◽  
Economic Activities ◽  
Public And Private ◽  
Social Reintegration ◽  
Entrepreneurial Skills ◽  
The Social ◽  
Sustainable Income

Entrepreneurship is an effective way of overcoming conjunctural factors; it is also a dignifying solution for all business-oriented people. This study aims to answer the following question: how to enable the social reinsertion of therapeutic communities’ graduates by resorting to the concepts of entrepreneurship? It also aims to investigate the  skills of individuals cared for at therapeutic centers and who are in the final stage of drug addiction treatment, attempting to promote their social reintegration, job creation and sustainable income. To achieve this goal, this study’s  specific objectives are: (1) present the practical applicability of entrepreneurial concepts as sustainable economic activities; (2) characterize the fundamental aspects for the development of entrepreneurial skills considering contextualized reality drawing on Bloom’s Taxonomy; (3) suggest re-adequacy of social reintegration public policies, considering the concepts of social innovation with sustainability. Here, Case Study Method and procedures such as instrumentalization of an introductory workshop, development of participants’ skills; gathering, analysis and interpretation of data are applied. As a result, thirty graduates from therapeutic communities had the chance to get in touch with the concepts of entrepreneurship as a tool for their social reinsertion. It is expected that this outcome may contribute to the improvement in their quality of life, considering that the study is based on factual reality and that its findings can be reproduced in situations of similar reality. This work is relevant to both public and private entities engaged with social responsibility and sustainability. 

scholarly journals CONSIDERATIONS OF CRIMINAL LAW AND FORENSIC SCIENCE REGARDING THE ILLEGAL ACCESS TO A COMPUTER SYSTEM

2018 ◽  
Vol 11 (2) ◽  
pp. 49-57
Author(s):  
Adrian Cristian MOISE
Keyword(s):  
Computer System ◽  
Criminal Law ◽  
Personal Information ◽  
Social Engineering ◽  
Criminal Code ◽  
Criminal Offence ◽  
Web Page ◽  
Council Of Europe ◽  
Visual Identity ◽  
The Social

Starting from the provisions of Article 2 of the Council of Europe Convention on Cybercrime and from the provisions of Article 3 of Directive 2013/40/EU on attacks against information systems, the present study analyses how these provisions have been transposed into the text of Article 360 of the Romanian Criminal Code.  Illegal access to a computer system is a criminal offence that aims to affect the patrimony of individuals or legal entities.The illegal access to computer systems is accomplished with the help of the social engineering techniques, the best known technique of this kind is the use of phishing threats. Typically, phishing attacks will lead the recipient to a Web page designed to simulate the visual identity of a target organization, and to gather personal information about the user, the victim having knowledge of the attack.

scholarly journals Analisis Sosiologis Reintegrasi Sosial Klien Pemasyarakatan

2021 ◽  
Vol 3 (1) ◽  
pp. 75-92
Author(s):  
Lovita Nurindah Sari
Keyword(s):  
Family Relationships ◽  
Social Research ◽  
Research Problem ◽  
Individual Characteristics ◽  
Community Context ◽  
Social Reintegration ◽  
The Social ◽  
Qualitative Descriptive ◽  
The Relationship ◽  
Society Research

The Social Reintegration Program in Correctional facilities is not only aimed to reduce number of prisoners. But so far social reintegration aims at recovering the relationship, livelihood and life of WBP. WBP who get social reintegration programs such as Asimilasi Rumah, Cuti Bersyarat, Pembebasan Bersyarat, and Cuti Menjelang Bebas get guidance and supervision from the Correctional Center which is the responsibility of the social Advisers in the institution. This study based on qualitative descriptive method with the subject of Bapas Pamekasan clients who were selected by purposive sampling(adjusted to the research problem).The theory in this study is 4 dimensional elements in social research consisting of individual characteristics, (b) family relationships, (c) community context, and (d) state policy. Based on The results of the research, the Social Reintegration of Correctional Clients is a process of guidance and supervision carried out by the Social Adviser which has not been optimally implemented in accordance with the goal of life recovering, livelihood and life of the WBP. Social reintegration should be seen as a process of adjustment to the Correctional Client so that his relationship can be recovered socially and economically. The 4 Dimensions in social Research Balai Pemasyarakatan carried out by PK Bapas must be recreated after he gets Social Reintegration because the 4 dimensions are dynamic. This 4-dimensional approach in society research is the initial base for PKs to carry out guidance and supervision for those built by Social Reintegration. Keywords: Social Reintegration, 4 dimensions of Litmas (Society Research), Client Guidance

Legal and Axiological Basis for Social Reintegration of Persons Sentenced to Imprisonment and Public Participation in the Process

2021 ◽  
Vol 13 (2) ◽  
pp. 5-6
Author(s):  
Przemysław Tarwacki
Keyword(s):  
At Risk ◽  
Social Exclusion ◽  
Negative Impact ◽  
Relevant Literature ◽  
Research Centre ◽  
The European Union ◽  
Social Reintegration ◽  
The Social ◽  
Depth Analysis ◽  
Polish Society

The article discusses the problem of social reintegration of prisoners, which — despite being raised many a time in the relevant literaturę — remains to be a point of issue. In the light of a recent survey conducted by the Polish Public Opinion Research Centre (hereinafter: CBOS), former convicts are considered by the Polish society as one of the groups of people most at risk of social exclusion. In turn, a report of the Ministry of Justice of 2020, regarding convicted adults, shows that a very large number of people leaving prison return to crime as early as in the first year after being released, which, for obvious reasons, has a negative impact on the internal security of our country. These circumstances encourage one to take a fresh glance at the problem of social reintegration of convicts and to search for additional arguments in favor of extending special support to this group of people. A review of the existing legislation indicates that it allows the principle of individualisation of assistance for the sake of social readaptation of individual convicts to be applied to an unlimited extent. What is strictly limited, however, is the circle of persons who can undertake activities for the social readaptation of prisoners during their imprisonment. The exclusion from the above-mentioned circle of all persons validly convicted of intentional offences is unjustified, and with regard to those members of society who, outside the structures of non-governmental organisations, wish to engage in activities for the social readaptation of convicted persons is downright unlawful, as it is contrary to higher-order legal acts. An in-depth analysis of the law in force leads to the conclusion that argumentation for not treating this social group differently from other individuals most at risk of social exclusion can be found in the constitution itself. On the other hand, a review of lower-order legal acts leads to the observation that since our country's accession to the European Union there have appeared both new measures and additional reasons, different from those traditionally identified in the doctrine of executive criminal law, for investing in any human capital in need of support, including persons sentenced to imprisonment.

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