RESTRICTION OF HUMAN RIGHTS AND FREEDOMS IN THE CONTEXT OF PUBLIC ORDER AND SAFETY Cover Image

RESTRÂNGEREA DREPTURILOR ŞI A LIBERTĂŢILOR OMULUI ÎN CONTEXTUL ORDINII ŞI AL SIGURANŢEI PUBLICE
RESTRICTION OF HUMAN RIGHTS AND FREEDOMS IN THE CONTEXT OF PUBLIC ORDER AND SAFETY

Author(s): Ianuş Erhan
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: human rights; respecting and protecting human rights; restriction of the rights and freedoms; public order and public security; maintaining and ensuring public order and public security;

Summary/Abstract: Human rights, involving both rights and obligations, create an environment in which all people can live with dignity. At the same time, they provide the individuals and states with different rights and obligations. The restriction of human rights and freedoms is not an arbitrary process, but it is allowed only in exceptional cases, established by international and national provisions, in order to ensure the necessary balance between human rights and state interests. Only law can carry out the restriction. Even the law can restrict only the exercise of the right, without affecting the substance of the normative content. In order to achieve this desideratum, the public order and internal security of any state becomes the field that implements the state’s obligations, especially, in the process of maintaining, ensuring and restoring it, the whole range of competencies and activities that interfere with human rights are reflected.

  • Issue Year: 2022
  • Issue No: 11
  • Page Range: 103-122
  • Page Count: 20
  • Language: Romanian