The purpose of this article is to bring into discussion the retrocession, particularly what this proceeding represents, but also which the most common situations encountered in the past twenty years to question are. Even following a relatively long period of time, this problem of retrocession has not disappeared from the daily newspapers, remaining a controversial aspect as part of the social life in Romania.

Over the last years, issues that used to be regarded strictly as matters of national policy have gained an international dimension. Family law is not isolated from this phenomenon. Traditionally, family law has been treated as a local construction that, although regulated by law, transcends its legal conceptualization, to ultimately reflect the most intimate cultural values of a nation.

In the present article, the author analyses, in the human rights context, the use of force by the police officers and points out the cases in which this becomes inhuman treatment. Paying particular attention to the Romanian system (by summarizing the Court’s judgment in the case of Ghiţă v. Romania, 2012), the author criticizes the lack of measures needed to change these frequent situations contrary to the Convention and tries to explain some of  the implications.

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