THE RIGHT TO DEFENSE IN THE CONTEXT OF PENAL ENFORCEMENT: INTERNATIONAL AND EUROPEAN HUMAN RIGHTS STANDARDS

Abstract

This study analyses the evolution and current standards of the right to defense within the framework of penal enforcement, as developed under international and European human rights law. It examines how the guarantees of legal assistance, access to counsel, and fair treatment of persons deprived of liberty have been shaped by three major legal systems: the United Nations, the Council of Europe – particularly through the jurisprudence of the European Court of Human Rights – and the European Union. The paper identifies the principal legal instruments and case law defining defense rights during imprisonment, including the UNCAT, the Nelson Mandela Rules, the ECHR, and the EU directives on procedural safeguards and legal aid. Special attention is given to the interaction between the ECtHR and the CJEU in harmonizing standards of fair trial and legal assistance. The analysis concludes that the right to defense in penal enforcement represents an evolving and integral component of the rule of law, requiring constant judicial oversight and coherent implementation across international and regional frameworks.