The article analyzes the refusal of the convicted person to be subject to the medical examination upon the arrival to the penitentiary, from the perspective of the Romanian legislation, in correlation with the international instruments regarding the rights of detainees, and legislative solutions adopted by other European states, arguing some proposals de lege ferenda meant to facilitate the fulfilment of the positive obligation of the state to prevent the spread of contagious diseases in the penitentiary environment.
The objectives of the article are to determine whether the detainee has the right to refuse the medical examination, whether the Romanian legislation complies with the requirements of the international instruments regarding the protection of the rights of the detainees, respectively whether they have similarities with the legislations of other European states; at the same time, the aim is to identify some rules applicable to the penitentiary system, derived from the case law developed by the ECtHR/Court and from international documents, in relation to the right to health and the relationship between the autonomy of the detainees as persons and the prison environment.
