HUMAN DIGNITY IN ROMANIAN LAW
HUMAN DIGNITY IN ROMANIAN LAW

Summary/Abstract: Dignity is a concept that has evolved according to the moral and ethical requirements of a certain time and space, following the shifts of life of the community which sanctions it. It has come to signify the birth-given right of the individual to be valued by others and to be treated accordingly. Regarding the legal aspect of dignity, it is undisputed that it is one of the fundamental rights of the human being. It is no longer a question of whether one realizes or wastes dignity, because the law is made to protect this value no matter what the actual situation of one is in society. As according to the Romanian Constitution the international conventions ratified by Romania take precedence over national legislation, the same being valid for European Treaties and other mandatory community regulations, these international legal norms are included in the national legislation. Their legal force is equal to the force of the Constitution. The paper analyses the legal frame for protection of dignity in Romania through the international conventions protecting human rights that Romania has adhered to, its Constitution, the Civil code (Law No. 287/2009) and the Criminal code (Law No. 286/2009). Case law of the European Court of Human Rights, which enlarges the normative field by including in the interpretation of the European Convention of Human Rights other international acts, and of the European Court of Justice is presented. Although a very wide concept, human dignity is perceived in connection with other human rights in a common manner in the international community. Romanian legislation is in line with international norms, but not always correctly applied.

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