The economic crisis and the economic human rights in Romania Cover Image

Criza economică și drepturile economice ale omului în România
The economic crisis and the economic human rights in Romania

Author(s): Marilena Ene
Subject(s): Constitutional Law, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Institutul Român pentru Drepturile Omului
Keywords: economic and social rights; legal norms of protection; limitation; legal and economic impact; as gained reasonable life;

Summary/Abstract: The economic and social rights regulated by international, regional and national instruments enjoy the same guarantee as the other fundamental human rights and freedoms. The way how states have responded to the economic crisis was analyzed in various aspects by analysts and experts, and so were the decisions of states that have significantly affected the exercise of fundamental human rights enshrined in the various treaties and laws. During 2008-2010, in our country, by implementing an unjustified policy of austerity, the Government developed a strategy which affected fundamental human rights, by measures which were in flagrant contradiction with the spirit and provisions of the Constitution. Surprisingly, the Constitutional Court, examining these measures in a subjective and conjectural manner interpreted those legal provisions using the argument that the state may restrict the exercise of the rights and freedoms under Article 53 of the Constitution, without taking into account the provisions of Article 47, which provided the citizens’ right to a civilized and decent living and without setting a limit until this restriction can be applied.

  • Issue Year: 2014
  • Issue No: 4
  • Page Range: 39-45
  • Page Count: 7
  • Language: Romanian