The Legal Regime of Woman's Rights from the Perspective of Domestic Law Cover Image

Protecţia drepturilor femeii din perspectiva dreptului intern
The Legal Regime of Woman's Rights from the Perspective of Domestic Law

Author(s): Mădălina Virginia Antonescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: human rights; protection of women’s rights; sexual harassment; equality of gender; equality of chances; Criminal Law; Private Law; bad treatments; traffic of human persons; domestic violence; integrity; dignity; right to life; free development of human pe

Summary/Abstract: Within the Romanian private law, at the Criminal Law level, there is a quite low level of legal protection and promotion of women’s rights (proving a need for a continuous improvement, inclusively by introducing a new article destined to incriminate the bad treatments against woman; a consolidated article regarding crime of sexual harassment; augmenting the severity of sanctions for crimes against women- domestic violence, feminine prostitution, injuries against women). As well, the level of juridical protection of under-age women in Romanian society must be improved, taking into account that Romania is an orthodox state and an EU member state. From the perspective of the Private Law and of others internal laws, the woman has the benefit of concrete applications of the principle of equality in rights between women and men; the modification of law against domestic violence, in 2012, improves the concrete protection given by state authorities to the woman confronted with violence within her private sphere. This proves the compatibility between state interventionism within the private sphere and the democratic character of state, rule of law, and the protection of human rights, recognized at the level of Romanian Constitution.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 93-113
  • Page Count: 21
  • Language: Romanian