Consequences of corruption in the proper exercise of human rights and fundamental freedoms Cover Image

Consequences of corruption in the proper exercise of human rights and fundamental freedoms
Consequences of corruption in the proper exercise of human rights and fundamental freedoms

Author(s): Mihail Gorincioi
Subject(s): Human Rights and Humanitarian Law, Corruption - Transparency - Anti-Corruption
Published by: Editura Universitaria Craiova
Keywords: Corruption offenses; fundamental rights and freedoms; human rights protection; European Court of Human Rights; European Convention on Human Rights;

Summary/Abstract: This paper aims to highlight some perspectives on the interference of corruption in the protection of human rights and fundamental freedoms, perspectives that are often consequences of the communist regime. Corruption affects a multitude of human rights and thus it reduces the ability of a state to fulfill its positive obligations under international conventions and treaties. Corruption affects not only the individual as a holder of rights and obligations but also the state as a subject of international law. More fundamentally, the relationship between human rights and corruption refers to the substantial depletion of public resources. The bid rigging in public procurement or the fraudulent management of public money by enticing resources in favor of state representatives, consistently contributes to reducing the financial capacity of the state which would naturally have been focused on guaranteeing fundamental rights and freedoms. Obviously, corruption affects human rights when it is imminent and may facilitate actions that are restricted or even prohibited by law. Apparently, this hypothesis would only have some negative impact on the legal relations between the parties directly concerned, but the maintenance and supply of a human trafficking network by certain officials, for example, could be qualified as a crime against humanity. In the same context, we can frame the violation of the political rights of citizens by buying votes or bribing electoral officials to facilitate an electoral fraud. We, humanity, shall exist free of corruption so that we can talk about guaranteeing the protection of fundamental rights. This is a principle that needs to be set and promoted by major international legal actors.

  • Issue Year: 2021
  • Issue No: 72
  • Page Range: 31-40
  • Page Count: 10
  • Language: English