DREPTUL LA LIBERTATEA DE RELIGIE DE LA EDICTUL ÎMPĂRATULUI CYRUS AL II-LEA (CEL MARE), PRIMA „CARTĂ A DREPTURILOR OMULUI”, PÂNĂ LA „TRATATUL INSTITUIND O CONSTITUŢIE PENTRU EUROPA”
The Right to the Freedom of Religion. From the Edict of Emperor Cyrus the IIth (the Great), the first “Charter of Human Rights”, to “The Treaty Establishing a Constitution for Europe.”

Summary/Abstract: The analysis of the main documents of the international and European legal instruments, starting with Emperor Cyrus’s „Edict” in 539 BC, and ending with the „Treaty establishing a Constitution for Europe”, i.e. the European Union Constitution in 2007, revealed that the Right to freedom of Religion – perceived since ancient times as one of the main fundamental human rights – should not be asserted only in the constitutional text of the EU States, but it should also be protected under international and European law. This also involves ensuring several concrete measures of legal protection, as some emperors of the ancient world had otherwise done, such as Cyrus the Great, Alexander the Great and Constantine the Great. The assessment – be it brief – of these documentary evidences also revealed the constant concern of the humanity to include the Right to freedom of Religion into the „Charter of Human Rights”, whose basis lies both in „Jus divinum” and in „Jus naturale”, on the one hand, and in „Jus positivum”, on the other hand. This triggers the contemporary jurist’s need to greater familiarize himself/herself with the text and principles set out therein.

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