Browsing by Author "Nastas, Andrei"

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Măsurile de constrângere cu caracter medical în dreptul penal prin prisma protejării drepturilor și libertăților
(Editura USM, 2024) Nastas, Andrei; Botnari, Ion
In the Republic of Moldova, the application of coercive medical measures appeared as a critical and controversial aspect of the governance of medical assistance, generating complex questions of an ethical, legal and social nature. As a sovereign nation at the crossroads of Eastern Europe, Moldova faces challenges posed by infectious diseases, mental health crises and public health emergencies. The importance of implementing medical restraints stems from the need to protect public health, prevent the spread of communicable diseases and effectively address mental health issues. Medical coercion involves measures such as involuntary hospitalization, mandatory quarantine, and mandatory treatment, sparking debates about individual autonomy, human rights, and the role of the state in health decision-making. This against the backdrop of several states, facing the delicate task of balancing public health imperatives with the protection of individual liberties. This introduction explores the multifaceted nature of medical coercion in the Republic of Moldova, examining the legal frameworks, ethical considerations and public discourses surrounding its application. Delving into the complexity of this issue, we aim to shed light on the significance of navigating the delicate balance between public health requirements and the rights of people in the Republic of Moldova.
Some reflections on the state of emergency within the meaning of article 15 of the European Convention on Human Rights
(2021) Cazacu, Doina; Nastas, Andrei
The situation of humanity, emerging from the threats to health and safety caused by the COVID-19 pandemic, has made several states act promptly; moreover, very decisively and sharply, thus governments deciding to declare state of emergency. The legal effects of the declaration of state of emergency are likely to limit certain human rights and fundamental freedoms. In this context, many of the member states of the Council of Europe have declared state of public health emergency, citing the exceptions provided in Article 15 of the European Convention on Human Rights. The purpose of this scientific approach is to identify the derogation grounds from the obligation to ensure certain rights and freedoms under the Convention as well as the formal and substantive conditions that states must comply with.