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INTERPRETATION AND EXTENSIVE APPLICATION OF ART. 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE RECENT JURISPRUDENCE OF THE ECHR

Author(s): Irina-Maria Grigore-Rădulescu,Corina Florența Popescu / Language(s): English Issue: IX/2015

Article 8 imposes the right to respect the private and family life, home and correspondence of any person, establishing also a positive obligation on public authorities to protect and help promote this right by adopting any measures needed to prevent or combat infringements of it. Recent jurisprudence of the ECHR revealed some new situations where art. 8 finds its applicability, taking into account the normative content of this article and the substance of the right protected.

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ROMANIAN LAW ON THE RIGHT TO REMAIN SILENT AND TO AVOID SELF INCRIMINATION

Author(s): Marian Alexandru / Language(s): English Issue: X/2016

The institution of the right to remain silent originates in the Medieval England when there were two completely different criminal procedure systems: on one hand, the inquisitorial one, applied mostly by ecclesiastic courts, practicing the canonic right, and on the other hand, the Common Law employed in laic Courts.Later, Miranda Warning, called also the defendant’s right to avoid self incrimination, a rule originating in a famous trial in the U.S.A., stipulated that: “You have the right to remain silent. Anything you say may be used against you in a court of law”.In terms of the right of a suspect not to incriminate himself, it is important to take into account the content of art 6 paragraph 1 of the European Convention of Human Fundamental Rights and Freedoms, according to which everyone is entitled to a fair hearing of his case by an independent and impartial Court. Constantly there have been efforts to consolidate the right not to testify and the right to avoid self incrimination as worldwide recognized standards and basis for equitable trials.

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THE ABUSIVE EXERCISE OF FREEDOM OF SPEECH AND THE HARM CAUSED TO HONOUR AND REPUTATION

Author(s): George Marius Mara / Language(s): English Issue: X/2016

The freedom of speech – fundamental right of each individual- is guaranteed by the European Convention of Human Rights and also by the internal legislation, on the highest level being situated the Romanian Constituion. Nevertheless, the freedom of speech is not absolute, the boundaries applied to its exercise taking into consideration the need to protect other fundamental values, such as the right to a private life, honour and reputation. Damaging these rights which are inherently connected to the human being, or the so called personality rights, creates mainly a moral harm but it implies the obligation for the one guilty of the illicit act to repair it by the rules of tort liability. If, by paying a sum of money, one can repair the pecuniary damage, the moral one cannot be repaired. But there are certain means that could lead to stopping or preventing a new wrong doing, and paying a sum of money to the victim could only value a compensation meant to diminish his or her sufferance.

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RIGHT TO LIFE. PROTECTION OF THE UNBORN CHILD

Author(s): Simona Elena Tașcu / Language(s): English Issue: XI/2017

The right to life is sanctioned and protected by a number of instruments, both nationally and internationally. But how can be the right to life protected if the right to give birth or to be born does not exist? The embryo becomes foetus, the foetus become child and the child turns into an adult, this is the evolution of each individual, which contributes to the renewal of the society through the perpetuation of species. The international legislation does not recognise the right to abortion; however the European Court of Human Rights has not accused any State so far for having allowed it. In Romania, the Chapter “Aggression towards the Foetus”, a new chapter in the Criminal Code, represents a progress in the child’s protection domain, covering, beside the protection of the foetus during pregnancy – by regulating the termination of pregnancy –, the foetal injury during childbirth, a novelty in this domain.

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ASPECTS OF WOMEN’S RIGHTS: PROVISIONS REGARDING THE EVOLUTION OF THE LEGISLATIVE FRAMEWORK IN THE FIELD OF EQUAL OPPORTUNITY BETWEEN WOMEN AND MEN

Author(s): Valentina Tănase / Language(s): English Issue: XII/2018

This study aims to reflect over the main international and national legislative instruments that have marked the evolution of the “equal opportunity” concept. Analyzing the legal rules that regulate today the principle of equal opportunity between men and women, we aim to emphasize the progress recorded in this field and at the same time the existing and perpetuated shortcomings until today.

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THE ISSUE OF WOMEN’S RIGHTS: PROMOTING EQUAL OPPORTUNITIES AND GENDER EQUALITY IN ROMANIA

Author(s): Valentina Tănase / Language(s): English Issue: XIII/2019

This study aims to reflect on the existence and promotion, in the Romanian legislation, of some legislative instruments that marked the evolution of the “equal opportunities” concept. Analyzing the present legal norms that regulate the principle of equal opportunities between men and women, we propose to make an overall perspective regarding the depth of gender dimension in Romania both before and after 1989, in the context of the economic, social and political transformations and also as a consequence of joining the European Union.

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WOMEN IN THE WEB OF TERRORISM IN CAMEROON’S FAR NORTH REGION, STAKES AND IMPLICATIONS

Author(s): Eugene Muambeh Muntoh / Language(s): English,Polish Issue: 2/2020

Terrorism has been a major source of disruptions and affliction on women in Cameroon’s far north region in recent times. This have greatly affected women from every facet. This paper examines the stakes and implications of terrorism on the welfare of women in Cameroon’s far north region. The study adopted a historical analytical style approach based on a rigorous anal- ysis of data collected. Data for the study was collected from both primary and secondary sources. Based on its findings, the paper sustains the argument that terrorism remain a major threat to women in Cameroon’s far north region. Reforms in counter-terrorism policies are important to improve efficiency and ensure a better living condition for women in the midst of terrorism.

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AN APPRAISAL OF THE INVOLVEMENT OF HUMANITARIAN MISSIONS IN CAMEROON’S CONFLICT ZONES (NORTH-WEST AND SOUTH-WEST REGIONS)

Author(s): Eugene Muambeh Muntoh / Language(s): English,Polish Issue: 2/2020

Humanitarian actors have become quite noticeable in the field of humanitarian missions in Cam-eroon ever since the outbreak of the “Anglophone” crisis in the North-west and South-west Re-gions. Even though, humanitarian actors have engaged fully in the fight against social injustice and human rights, most of them are considered feeble owing to their reliance on subsidy from government and international aid bodies. This study seeks to examine the basis and the role of humanitarian missions in the conflict hit north-west and south-west regions of Cameroon. The paper further scrutinises the efficacy of interventions by humanitarian actors in humanitarian missions as concerns the Anglophone crisis in Cameroon. Based on evidence from primary and secondary source materials, the paper argues that despite the relevance of humanitarian actors towards addressing the humanitarian situation in the course of the Anglophone crisis, much is yet to be achieved as far as the attainment of sustainable peace in the crisis stricken regions is concern. The lack of a common platform for humanitarian actors made coordination of their accomplishments impracticable.

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Consolidarea societății democratice și drepturile omului

Author(s): Gheorghe Magheru / Language(s): Romanian Issue: 3/2004

The European system protecting human rights has undergone profound transformations in the last ten years, proving that it is a dynamic system, capable of self-adjustment without concessions affecting the fundamental values. After pointing out that the main objective of the Council of Europe is democratic stability now, the author refers to the future activities of this regional body, crayoning several priority tasks to be promoted under the Romanian presidency of the Committee of Ministers, starting in November 2005. This will be done in cooperation with the other Member States, while further promoting the strengthening of the rule of law, democracy and human rights.

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Alocuţiune de deschidere

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 2/2004

Opening the session, the Institute's Director, Prof. Dr. Irina Moroianu Zlătescu, showed that by choosing such a topic the world health forum wanted to sensitize the international community about the bad consequences of traffic accidents that cause the death of 1.2 million people every year, while almost 6 million people remain with handicaps for the rest of their lives, with serious repercussions both for themselves and for their families and society in general.

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AUTONOMOUS CONCEPTS AND STATUS QUO METHOD: QUEST FOR COHERENT PROTECTION OF HUMAN RIGHTS BEFORE EUROPEAN SUPRANATIONAL COURTS

Author(s): Vesna B. Ćorić,Ana S. Knežević Bojović / Language(s): English Issue: 4/2020

The accession of the European Union to the European Convention on Human Rights is currently being renegotiated, but this remains a rocky and time-consuming process. Mostly relying on doctrinal method, the authors examine various methods advocated in legal theory as a means to ensure a coherent protection of human rights in Europe in the absence of an institutional agreement. The authors focus their attention on the further development of autonomous concepts in the case law of two the European supranational courts as a prerequisite for successful application of the status quo method. The principle of ne bis in idem is selected as a case in point. Finally, authors formulate proposals for approaches regarding autonomous concepts to be utilized by the Court of Justice and the European Court of Human Rights.

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ADEQUATE REPRESENTATION OF PERSONS BELONGING TO NATIONAL MINORITIES IN PUBLIC SECTOR: THE NATURE, CONTENT AND SCOPE OF OBLIGATIONS IN THE COMMENTS OF THE ADVISORY COMMITTEE FOR THE FRAMEWORK CONVENTION

Author(s): Milica V. Matijević / Language(s): English Issue: 4/2020

Adequate representation of persons of minority origin in public sector bodies is one of the conditions for their effective participation in public affairs, as prescribed in Article 15 of the Framework Convention for the Protection of National Minorities. To establish whether a State Party fulfils this requirement, the Advisory Committee for the Framework Convention has developed the standard of adequate representation. The aspect of the standard which concerns the adequate representation of persons of minority origin in non-electedpublic sector bodies is still vague and insufficiently developed. That is a source of uncertainty as to the obligations of the State Parties and the appropriate methods for their realisation. The paper investigates the nature, content and scope of obligations ensuing from this particular aspect of the standard of adequate representation with the aim to contribute to its further normative articulation. The investigation is carried out by analysing the thematic commentaries and country-specific opinions of the Advisory Committee.

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Historical development of refugee framework in Africa

Author(s): Jean Chrysostome Kanamugire / Language(s): English Issue: 2/2020

The problem of refugees has existed in the world since human existence. Individuals fled to seek sanctuary in another place to avoid persecution. Religious institutions have played a significant impact in the protection and care for refugees. Slavery has also contributed to the existence of refugees especially in Africa. Arabs, Europeans and Americans came to Africa and engaged in slave trade. This business has contributed to the development of economies in some developed nations. Most African countries have lost their active citizens in slavery. Many people also fled their place of origin to avoid the danger of being taken in slavery. Furthermore, colonialism has also entrenched the refugees in Africa. In order to get independence, individuals had to flee their countries and start engaging in liberation wars. Many people became refugees in their fight for independence. After the independence, the problem of refugees has continued to persist as governments of many African states do not respect nor protect human rights of their citizens. Currently, refugees continue to exist in Africa as some states persecute their citizens due to their tribe, race, religion, political opinion, sexual orientation and wars. In order to eradicate the problem of refugees, states need to create an environment that is conducive to the protection of human rights of their citizens in all their activities.

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A critical legal perspective on the context and content of the right to access to adequate housing in South Africa

Author(s): Kola O. Odeku,Katlego Mashiane / Language(s): English Issue: Special/2020

The oppressive Apartheid government policy and laws of the past deliberately entrenched inequality, forced segregation and denied the majority of black Africans unfettered right of access to various socio-economic rights, goods and services, particularly housing. However, after the apartheid government was defeated in 1994, the African National Congress (ANC) became the new ruling government in South Africa and in a bid to redress the past injustices, particularly the imbalances in social, socio- and economic amenities where the majority blacks were excluded, the new government enacted the Constitution of the Republic of South Africa, 1996. It provides that all citizens are equal before the law and have the same rights, privileges and benefits for the mere fact of being citizens of the Republic of South Africa. Despite this, it is disheartening that most citizens, particularly the poor, indigent and the vulnerable still do not have access to adequate housing guaranteed in the Constitution. This article highlights poor quality housing delivery by the government as the major barrier to the realisation and fulfilment of access to adequate housing. It accentuates that this barrier is intensified because of the endemic corruption by the executive arm of government that have been bestowed with the responsibility to provide adequate housing for all. As part of the solution, the article examines comparative law and international law on the right to access to adequate housing using salient jurisprudence from the courts’ decisions to clarify and ascertain the content of adequate housing.

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CONSTITUTIONALIZATION OF INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS: LESSONS FROM KOSOVA

Author(s): Perparim Gruda,Doruntinë Demiri,Zahir Cerkini / Language(s): English Issue: Special/2020

This work scrutinizes modalities of the constitutionalization of international human rights instruments in the Republic of Kosova. Most of the newly established democracies or post-communist countries, as Kosova is, have adopted the highest western standards in guaranteeing human rights protection. However, the approach that this country has followed to make these standards part of its constitutional system is rather unique. Indeed, Kosova represents an unprecedented case for the place it has given to international instruments on its constitution. This peculiarity, subject of this study, will be examined through the elucidation of three main issues: First, the constitutional regulation of human rights which is heavily based on international human rights law; Second, the unparalleled approach of directly incorporating international instruments into constitution; and Third, the unique determination of the Article 53 of the Kosova’s Constitution which requires the interpretation of human rights matters of all state authorities to be made according to the jurisprudence of the European Court of Human Rights.

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IMPACT OF COVID - 19 ON THE INCREASE OF VIOELENCE AGAINST WOMEN

Author(s): Veton VULA,Mensut Ademi / Language(s): English Issue: Special/2020

The phenomenon of the domestic violence in Kosovo holds an important position in the positive legislation in Kosovo. This phenomenon apart from causing consequences to an individual as a victim, at the same time it causes consequences also for other parts of the family. Domestic violence has been present also in the past in the Kosovo families, but of course with lower intensity by keeping total discretion within the family whereas access of the society in this problem was very small. Violence against women is a complex problem which includes more than an act itself in the personal relations between the husband and the wife. It is a social problem of broad dimensions whose roots are found in the historic attitudes on women and the marriage relations. Socialization of men and women in our society and nomination of women in inferior position and rules that keep women economically dependent, makes women more vulnerable on violence committed by men with whom they live. This victimization of women from their husbands is strengthened from economic situation, mentality and tradition as well as not well awareness among the population on the domestic violence. A phenomenon which increased the number of various forms of violence against women is also Pandemic COVID - 19 who as the consequence of isolation of families within closed environments has had an impact toa category of irresponsible spouses to undertake various forms of violation against women. Violence against women is a serious problem and it deserves big attention of authorities (national and international). There are dozens of years during what this problem has been put in the agendas of many national and international organizations state or nongovernmental organizations. At the international level this attention has resulted with a number of conventions, legal norms, political agreements, directives, recommendations and practical advices. Paper concludes that the denunciation without hesitation and the total respect of these norms with the zero tolerance against the perpetrators of the domestic violence is the only solution to minimize this phenomenon.

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A NEW TYPE OF PENSION IN ROMANIA – OCCUPATIONAL PENSION

Author(s): Dan Ţop / Language(s): English Issue: 2 (51)/2021

In addition to the types of pensions granted within the pension systems inRomania was promulgated a normative act regarding occupational pensions, respectively anamount paid periodically to the participant, in addition and distinct from the one provided bythe public system. The right to an occupational pension is opened at the request of theparticipant, under the conditions provided by the scheme and prospectus and in accordancewith the legislation on the payment of private pensions. A number of responsibilities are alsoset for employers.

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DISCRIMINACIÓN: LA OTRA PANDEMIA

Author(s): Birenbaum Alberto Chartzman / Language(s): Spanish Issue: 2 (51)/2021

When we speak of discrimination, we immediately associate it with the socalled“fundamental rights” which are those human rights that national and international legalsystems have recognized as essential and that must necessarily be expressed in the basicand superior documents that make up the whole. of essential rights of the person. Theoutbreak in the world with the appearance of COVID-19 has placed us in the most fearedconfrontation in the face of a pandemic, of which little is known, and there are morepermanent contradictions than authentic truths.

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GUÍA JURÍDICA PARA MÉXICO PANDEMIA POR COVID – 19 SEGUNDA PARTE

Author(s): Oscar Samario Hernández / Language(s): Spanish Issue: 2 (51)/2021

The Pandemic of this year 2020 has revealed another reality in the present XXI century, humanity suffers in a crisis that is increasing, the seal is that this prevailing reality is not reversible, it requires the participation of each inhabitant of this planet, but there are factors and there will be greater damages in the lives of the human race, these are not recoverable. Gone is a vast regional, perhaps continental, experience of a similar epidemic outbreak; Today, on the other hand, the cost of the pandemic is expanding towards other distant horizons, a product of Globalization, extensive migrations, the movement of resources, materials and cultural exchange, such as education. At the financial level, the crisis of the years 2007 - 2008 was due to investments of capital flows; Today the pandemic is a reverse crisis in which the severity occurs directly in the population.

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ZAŠTITA I OSTVARIVANJE PRAVA POJEDINIH KATEGORIJA STANOVNIŠTVA

Author(s): / Language(s): Serbian Issue: 1/2020

Zabrana diskriminacije ustanovljena je još Poveljom Ujedinjenih nacija iz 1945. godine. U članu 55 Povelja obavezuje sve članice na poštovanje ljudskih prava i osnovnih sloboda za sve, bez razlikovanja rase, pola, jezika ili vere. Univerzalna deklaracija o ljudskim pravima iz 1948. godine u članovima 1 i 2 svim ljudima jemči slobodu i jednakost u dostojanstvu i pravima, bez obzira na bilo kakvu razliku kao što je rasa, boja kože, pol, jezik, vera, političko ili neko drugo opredeljenje, nacionalno ili društveno poreklo, vlasništvo, rođenje ili neki drugi status.

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