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RULE OF LAW RECONSTRCUTION IN POST-CONFLICT AREAS

RULE OF LAW RECONSTRCUTION IN POST-CONFLICT AREAS

Author(s): Bogdan Bîrzu / Language(s): English Issue: VI/2012

Conflicts often arise from the failure of a State’s legal system to protect rights and punish perpetrators of human rights violations. Discrimination, corruption and abuse of power by law enforcement officials, and the military in many cases, fuel and exacerbate conflicts and make it even harder to achieve reconciliation after the conflict. Injustice, literally, drives people to take up arms. Understanding how the justice sector actually worked in the State before and during the conflict, and how it should function if the rule of law is to take root, should be a central feature of the reconstructing process.

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ASPECTS OF THE LEGAL IMPLICATIONS OF BIOTECHNOLOGY IN THE CONTEXT OF ENVIRONMENTAL LIABILITY AND LIFE

ASPECTS OF THE LEGAL IMPLICATIONS OF BIOTECHNOLOGY IN THE CONTEXT OF ENVIRONMENTAL LIABILITY AND LIFE

Author(s): Diana DEACONU-DASCĂLU,Silviu Deaconu / Language(s): English Issue: VI/2012

A clear and effective legal protection in biotechnology is essential, both for economic development in Europe and for scientific and technical research. Social and legal reality requires to take into account the development potential of biotechnology on the environment and, especially, the usefulness of this technology for the development of cultivation methods cleaner and more economical in terms of how to exploit the land. The development of biotechnology is important for developing countries, both in health and combating major epidemics and endemic diseases and in that of combating hunger in the world, and the implementation of biotechnological inventions have not only imposed limitations of inventions, but also specific legal protection.

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PROTECTION OF THE RIGHT OF PROPERTY AND DE FACTO EXPROPRIATION ACCORDING TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RITGHTS

PROTECTION OF THE RIGHT OF PROPERTY AND DE FACTO EXPROPRIATION ACCORDING TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RITGHTS

Author(s): Anemari OPRIŢOIU / Language(s): English Issue: VI/2012

The right of property represents one of man’s fundamental rights. It is the state that must guarantee and ensure the protection of the fundamental rights; however, it is mostly the state that trespasses these fundamental land rights in the name of the general interest. With the enactment of the Protocol No 1 on the occasion of the European Convention for the Protection of the Human Rights and Fundamental Freedoms, the right of property became a fundamental right at European level. Thus, it emerged a new manner of over controlling of the way the states parties of the Convention understand to protect and respect this fundamental right. The interpreting and the enforcing of the Article 1 of the Protocol 1 referring to the ensuring of the right of property fell under the responsibility of the European Court for Human Rights (ECHR). The decisions of the European Court for Human Rights are mandatory for the member states of the European Union, their analysis being of particular importance in this context, all the more so as, Romania is one of the countries with the highest number of convictions, especially for violating the Article 1 of Protocol No 1regarding the right of property.

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THE CIVIL RIGHTS MOVEMENT TO END RACIAL DISCRIMINATION: A MILESTONE OF MODERN AMERICAN HISTORY

THE CIVIL RIGHTS MOVEMENT TO END RACIAL DISCRIMINATION: A MILESTONE OF MODERN AMERICAN HISTORY

Author(s): Flavia Ghencea,Anca Magiru,Ionel Magiru / Language(s): English Issue: VII/2013

The paper focuses on the struggle for the civil rights of the black Americans, in the fifties, and its consequences for the present generation. The double purpose of this article is to present: 1. the blacks’ rights and/or lack of them in the 1950s and their nonviolent struggle in getting them and, 2. the appreciation they finally enjoy, nowadays. In the end, the article highlights the idea that Martin Luther King’s words, “Hatred paralizes life, love releases it, hatred confuses life, love harmonizes it, hatred darkens life, love illuminates it”, prove to come true.

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„CHINA OF HUMAN RIGHTS” BETWEEN CONFUCIAN PRECEPTS AND THE RIGOURS OF SOCIALISM. A PARTICULAR VIEW UPON WOMEN’S RIGHTS

„CHINA OF HUMAN RIGHTS” BETWEEN CONFUCIAN PRECEPTS AND THE RIGOURS OF SOCIALISM. A PARTICULAR VIEW UPON WOMEN’S RIGHTS

Author(s): Beatrice Berna / Language(s): English Issue: VIII/2014

The present work aims to surprise the issue of gender equality within the Chinese space through the use of a simple analytic framework that will highlight the interdependence links between the cultural and the legal factor. In the section bestowed to cultural provisions, we had taken into account two manifestations that are apparently antagonistic for the field of women’s rights (the Confucian dogma and socialism). With regard to the legal regulations, we pursued a brief dissertation of the main regulations connected to the subject of women’s rights, maintaining the peculiarities of a critical approach. As methodological means we have opted for the deductive method which we have used alongside with the comparative and the historical method.

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PROTECTION OF THE RIGHT TO LIFE OF THE PERSON BY INTERNAL AND INTERNATIONAL LEGAL INSTRUMENTS

PROTECTION OF THE RIGHT TO LIFE OF THE PERSON BY INTERNAL AND INTERNATIONAL LEGAL INSTRUMENTS

Author(s): Adriana Iulian Stancu / Language(s): English Issue: VIII/2014

We can appreciate that the “elaboration of the human rights concept” was the result of legal acts with a rich moral and political content, the establishment of political organization principles substantiated in theoretical works of universal value which stood the test of time under the form of documents drawn up by prestigious jurists.

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TRANSFER OF EMBRYOS AND HUMAN CLONING 
OR LIFE CREATED ARTIFICIALLY

TRANSFER OF EMBRYOS AND HUMAN CLONING OR LIFE CREATED ARTIFICIALLY

Author(s): Simona Elena Tascu / Language(s): English Issue: VIII/2014

Universal Declaration of Human Rights proclaims, in art. 3, that: “Everyone has the right to life, liberty and security of person” and International Covenant on Civil and Political Rights claims in art. 6 pct. 1 that: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.

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CONCEPT OF RIGHT TO LIFE. CONTENT AND INSIGHTS

CONCEPT OF RIGHT TO LIFE. CONTENT AND INSIGHTS

Author(s): Mircea Tutunaru / Language(s): English Issue: VIII/2014

The right to life is and remains one of the fundamental rights of citizens and the natural human right. It is the fundamental right of human rights beginning inventory was consecrated since the first declaration of rights. This right included in important international legal instruments, namely the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (article. 2) and Protocol. 6 to the Convention on abolition, the document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE (Section. 16.7 and 17.1). In some constitutions the right to life does not appear explicitly formulated, although they, through their regulations, pursue the protection of life. In this category we group all except current Romanian Constitution and the constitutions of France, Sweden, Italy.

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OBLIGATIONS OF THE STATES GOVERNED
BY INTERNATIONAL REFUGEE LAW

OBLIGATIONS OF THE STATES GOVERNED BY INTERNATIONAL REFUGEE LAW

Author(s): Diana Boroi / Language(s): English Issue: IX/2015

Determination of the status and treatment applied to armed items fleeing by armed conflicts without international character is much more complex and difficult than in the case of International Armed Conflicts, from considerations of fact and law, due to the existence of a variety of factors.

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BIOETHICS AND PERSONALITY RIGHTS

BIOETHICS AND PERSONALITY RIGHTS

Author(s): Oana Chicoș / Language(s): English Issue: IX/2015

Personality rights are rights inherent to the quality of human person belonging to any individual by the very fact that it is human. They relate mainly to the physical and moral protection of the human being, to its individuality or personality. In the current era, personality rights are seriously threatened by the scientific developments of biology and medicine.A person's right over its own body knows limitations imposed by the need to respect public order and morality, its measure being given by law. Prohibition of commercialization of the human body or parts of it is expressly provided in the French law on bioethics and in the European Convention on Human Rights and on Biomedicine adopted by the Council of Europe.The right to life, the right to health, the right to physical and mental integrity, the right to dispose of himself are laid down in the new Civil Code and are the first concerned by research on human subjects. In the bioethical context, these rights are emphasized particularly in the case of interventions on genetic characters, examinations of genetic characters and medical interventions on humans.

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Drepturile femeii. Cadru juridic internațional

Drepturile femeii. Cadru juridic internațional

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 1/2008

The author presents the evolution of the international legal framework of women’s rights at the universal and the regional European levels, from the beginnings of the United Nations Organization down to the most recent regulations and approaches by the Council of Europe and the European Union. She devotes ample space, among others, to the International Convention on the Elimination of All Forms of Discrimination Against Women, the pertinent provisions of the European Social Charter revised, of the treaties and the Charter of Fundamental Rights of the European Union. As far as the evolution of the approaches is concerned, the emphasis is laid on the most recent ones, like the one focusing on the mainstreaming of the problems, by taking into account the status of women within the entire set of Community actions and policies and ensuring equality of treatment in all social fields, from education and professional training, access to jobs and good working conditions down to fair remuneration, flexibility, stimulation of the enterprising spirit, sexual harassment and violence against women.

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De la Declarația Universală a Drepturilor Omului la Obiectivele Mileniului

De la Declarația Universală a Drepturilor Omului la Obiectivele Mileniului

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 2/2008

Respecting its founding Charter, the United Nations activates globally for the advancement of human rights. Starting from the Universal Declaration of Human Rights, the importance and the significance of this document adopted by the General Assembly on 10 December 1948 and laid at the foundation of the human rights system, a document that is celebrating its 60th anniversary this year, the author presents the present and the future preoccupations of the organization, focusing on the Millennium Development Goals. The UN Declaration of the Millennium includes, among other main courses of action, the total observance of the Universal Declaration of Human Rights and full protection and promotion in all countries of all the civil and political, economic, social and cultural rights for all people. In view of all these, she examines the goals and the targets correlated at global level, at the level of Romania, as well as the extent of their achievement and the measures to be taken for the reactivation of the medium stage. She also examines the position of the EU, in the eyes of which the achievement of the MDGs is a priority.

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Demnitate și justiție

Demnitate și justiție

Author(s): Monna-Lisa Belu Magdo / Language(s): Romanian Issue: 4/2008

Dignity, as an intrinsic feature of the human being, involves, in legal terms, authority, observance (an erga omnes opposability), but also protection in the relationship with the State or with other persons. The author analyses a series of aspects of activity by means of which justice guarantees the protection of human dignity on the basis of the international covenants and treaties, which are part, directly or by means of the national legislation harmonized with them, of the Romanian legal system. In legal terms, man is conceived as a complex structure, where the physical can not be separated from the spiritual, while the infringement of one constitutive element or another is contrary to human rights. The jurisprudence she presents, the deciphering of the legal norms protecting the fundamental human rights and freedoms indicate the machinery that protects human dignity in its various forms.

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Libertatea religiei și a convingerilor – drept fundamental al omului

Libertatea religiei și a convingerilor – drept fundamental al omului

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 2/2007

After clarifying the meaning attached to such terms as “religion”, “cult” and “sect” in the international documents, the author presents and examines the provisions in the international instruments with universal and regional application related to freedom of religion and belief as well as other relevant sources in the field. She further points out the values to be found at the foundation of the international standards, which should be taken into account when elaborating and applying the domestic legislation in the field, namely: the internal freedom, the external freedom, equality and non-discrimination, neutrality and impartiality, the non-coercive nature, the rights of parents and children, tolerance and respect, the right to assembly, the right to effective redress. Special attention is finally paid to the developments that took place in the period of over 25 years since the adoption of the Declaration of 1981.

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THE INTERSECTION OF ETHNICITY AND GENDER IN THE ROMANIAN LABOR MARKET: THE CASE OF ROMA WOMEN

THE INTERSECTION OF ETHNICITY AND GENDER IN THE ROMANIAN LABOR MARKET: THE CASE OF ROMA WOMEN

Author(s): Roxana Cristina Radu / Language(s): English Issue: XXI/2020

Discrimination of Roma women in employment relations became a certainty in post-communist Romania. Although gender is the most frequent criterion of discrimination in labor market, from the statistics of the National Council for Fight against Discrimination, one can notice that the most frequent petitions were formulated mainly by men and had as object the discrimination based on ethnicity (Roma mainly), social category, age or religion. This fact shows that Roma women confronted with such situations either did not know who to address a complaint to or did not have the courage to do it. This article explores the history of the ethnic discrimination in Romaniaand illustrates how ethnicity and gender intersect in the Romanian labor market resulting in a lowrate of Roma women employment. As for methodology, the author used the analysis of employment advertisements, official statistics and documents of public institutions, the comparison between different Romanian Government programs aimed at fighting marginalization and social exclusion of Roma, study of anti-discrimination laws etc. In the section ofconclusions, the author makes some recommendations about the need of rethinking and remodeling public policies on preventing discrimination acts against Roma women.

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Aspecte normative și practice ale aplicării principiului protecției drepturilor fundamentale ale persoanei la clasificarea persoanelor private de libertate cu grad sporit de risc

Aspecte normative și practice ale aplicării principiului protecției drepturilor fundamentale ale persoanei la clasificarea persoanelor private de libertate cu grad sporit de risc

Author(s): Lavinia Magdalena Pătrășchioiu / Language(s): Romanian Issue: 3/2007

The recently adopted Romanian law on the execution of freedom privative punishments institutes four executive regimes, namely, highest security, closed, half open, and open. The various classifications depend on the extent of the freedom of movement limitation, the way activities are performed and the detention conditions, within the limits imposed by the respect and protection of the detainee's life, health and dignity, his rights and freedoms, against physical sufferings and humiliation of the sentenced person. Analyzing the content of the concept of executive regime, such as it is defined by Law no. 275/2006 and reflected in the Regulations for the application thereof, clearly shows the law-maker's preoccupation to adapt the normative framework to the guiding lines of art. 10 in the International Covenant on Civil and Political Rights, reiterated in the normative text in the sense of treating detainees in dignity and humanely, and achieving the essential purpose of any penitentiary regime, namely, recovery of the convicts and their social re-insertion.

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Drepturile omului și noile tehnologii ale informației și comunicării

Drepturile omului și noile tehnologii ale informației și comunicării

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 4/2006

The new technologies of information and communication, undergoing an explosive development, are also a challenge to the present system of human rights. The main issue lies in taking good advantage of their huge potential, while respecting common principles, values and norms, as well as preventing the possible perverse and destabilizing effects of a chaotic use. Nothing does better illustrate the difficulties encountered than the Internet Governance issues. The author reminds numerous positions adopted in the field, particularly during the last ten years, which express the preoccupation of specialists and the international organizations for this important issue, emphasizing on the most recent ones, including the World Summit on the Information Society (2003, 2005). Still far from an efficient global solution, the Internet Governance makes clear that there is need to harmonize the new technologies with sustainable development and human rights, in close connection with the Objectives of the Millennium adopted by the United Nations and endorsed by the Member States, Romania included.

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Demnitatea, onoarea, reputația, dreptul la propria imagine

Demnitatea, onoarea, reputația, dreptul la propria imagine

Author(s): Valerică Dabu,Borza Remus Adrian / Language(s): Romanian Issue: 4/2006

Dignity, honour, reputation and the right to one's own image are attributes of the human being that belong with the latter's nature, while observance thereof is a condition indispensable for a fair social common life. Therefore, objectively speaking, one may understand those features expressing the extent of moral integrity, probity, honesty, fulfillment of one's duties at any price, in dignity, acknowledged by the society as a result of reflection in the collective consciousness; honour in a subjective sense may be analyzed as a state deriving from the image each individual has about himself. In its turn, reputation is a result and, at the same time, a constitutive element of the public image, understood as the esteem, the respect, the appreciation, the disapproval, the credibility attached to a person as a result of the reflection of the latter's characteristic features in the collective consciousness. As far as image is concerned, it is a representation, a more or less accurate reflection of reality, be it mental or material. The right to one's own image is a fundamental right but also one complementary to the right to one's intimacy, to one's family and private life. Consecration and protection of these values also assume sanctioning encroachment thereof through insult, calumny, particularly in such a context where manipulation in communication has reached worrying levels. The authors deems that insult and calumny should be incriminated (under the criminal law) as they can seriously prejudice social relations, public life, human rights, and democracy

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Evoluții în sistemul european de protecție a drepturilor omului

Evoluții în sistemul european de protecție a drepturilor omului

Author(s): Marcel Iulian Sava / Language(s): Romanian Issue: 4/2005

Europe has gradually developed a system for the protection of human rights that proved to be viable and superior to all the other regulations adopted in various parts of the world after the Second World War. The Council of Europe, currently including 46 Member States, imposed itself as a prodigious international organization that has promoted in the course of time a great number of initiatives, legal documents and, above all, managed to institute a control system guaranteeing the enjoyment of human rights, represented by the European Convention on Human Rights. The Summit of Warsaw of 16-17 May, joining the heads of States and Governments, marked the adoption of three international treaties that are characteristic of its current objectives and preoccupations, namely: the Convention on the Prevention of Terrorism, the on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, and the Convention on Action against Trafficking in Human Beings. The author points out, in terms of institutional development, the acceleration of the action-taking mechanisms and the simplification of the proceedings of the European Court of Human Rights in the spirit of Protocol 14, adopted in 2004, as well as the accession of the European Union to the European Convention on Human Rights, mentioned by the Constitutional Treaty itself.

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Conceptul de toleranță

Conceptul de toleranță

Author(s): Mariana Budulan / Language(s): Romanian Issue: 2/2005

Alarmed with the escalation of intolerance, violence, xenophobia, aggressive nationalism, racism, anti-Semitism, exclusion and marginalization of the ethnic, religious and linguistic minorities, the Member States of UNESCO have proclaimed and signed in Paris, on 16 November 1995, the Declaration of the Principles of Tolerance. The Declaration defines tolerance as the respect, acceptance and appreciation of the richness and diversity of our world's cultures, our manners of expression and our ways to express our capacity as human beings. Viewed in parallel to honesty, tolerance demands us to treat the others just we would like to be treated ourselves by the others. The Christian doctrine has been teaching us from immemorial times the following guiding maxim: “Do not do to others as you would have them not do to you”. However, we realize today that honesty makes us acknowledge that such tolerant an attitude is the result of hardly facile an option that presupposes give-ups, re-evaluations and self-constrictions.

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