PARTICIPATION RIGHTS UNDER THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES (FCNM): TOWARDS A LEGAL FRAMEWORK AGAINST SOCIAL AND ECONOMIC DISCRIMINATION

Author(s): Lidija R. Basta Fleiner / Language(s): English Issue: 65/2013

The FCNM marks a many-fold milestone in setting higher the international standards for minority protection: a/ It is the first hard law multilateral treaty on minority rights; b/ fundamental in nature, minority rights are an integral part of the international protection of human rights; c/ the introduced second level of anti-discrimination standards includes in many cases additional rights for the persons belonging to minorities; d/ by including participation rights, the FCNM first recognizes a political dimension in minority aspirations.Given the absence of a formal minority definition in the FCNM, the ACFC drew benefits out of this for new migrant minorities. The article sets out differences in rational accommodation as a non-discrimination policy in Canada and EU law respectively, in order to discuss diverging approaches between the FCNM comprehensive understanding of the protection against discrimination and the rational accommodation of intercultural identities of migrants in the EU. Nowadays, state constitutional politics must build on the states’ international legal obligations to guarantee to all those living within its territory regardless of their citizenship status a non-discriminatory protection of their fundamental rights.

FIINȚARE ȘI FERICIRE – RAȚIUNEA UNEI PROCESUALITĂȚI ENDOGENE COMPLEXE

Author(s): Agata-Mihaela Popescu / Language(s): Romanian Issue: 32/2017

Le bonheur n’est pas un droit, n’est pas une réalité transpose en normatives, mai un degré supérieur d’un état de normalité, un effet d’un processus limpide de vivement positif en être. L’essence de la condition humaine est la tendance sur le bonheur. La vie de l’homme est toujours, dans son déroulement, asymptotique au bonheur, dépendent de ses horizons. On ne la touche jamais complétement, mais on vit toujours dans la proximité de son univers et, d’une certaine façon, même dans son intériorité. Le bonheur n’est pas donne d’un vivement positif, d’un sommet d’un processus intérieur ou on ramasse et métamorphose et intègre des choses, des évènements, des projets, des idéaux, des représentations, des convictions, des sentiments et des expériences, ce qu’on mène à toucher, soit-il vraiment, du sublime. Parce que l’homme, dans le processus complexe de l’Etre, comprise comme une connexion de l’Être avec son intérieur dynamique, comme une manière de vivre en soi-même, comme un Dasein, comme une substance synergiste, comme un intégrateur, touche de fait et de droit une telle disposition. L’essence du bonheur se trouve dans l’intérieure de l’Etre. L’extériorité c’est seu8lement une condition. Et pas toujours essentielle.

EGALITATEA DE ȘANSE ȘI TRATAMENT ÎN RELAȚIA INSTITUTIE PUBLICĂ-CETĂȚEAN. ABORDARI TEORETIE SI PRACTICE

Author(s): Eugen Marius Radu / Language(s): Romanian Issue: 31/2017

Equal opportunities and equal treatment between women and men is a fundamental principle of human rights, implemented both at the legislative and public policy. Recent studies in this area showed that the introduction of the gender perspective in public policies lead to significant increases in the economy and living standards of citizens. In recent years, it has seen that gender differences have diminished, but not enough to achieve de facto equality between women and men. Romanian experience in the field of gender equality legislation already includes well-structured institutional arrangements to implement this principle, a strong civil society and an important academic segment.

CONSIDERAȚII PRIVIND TERMENUL REZONABIL AL UNUI PROCES ÎN JURISPRUDENȚA CEDO. CAUZA ELENA COJOCARU CONTRA ROMÂNIEI

Author(s): Daniel Constantin Bosînceanu / Language(s): Romanian Issue: 30/2017

The right to a fair trial settled in a foreseeable term is a right established at the level of the European Court of Human Rights, being well known for its importance. Over the years, many cases have been reported to the Court as a result of which this international court has been released. In this respect, we will present the internal and external legislation in this area and we will analyse in detail the content of Elena Cojocaru's decision against Romania.

UNELE EXPLORĂRI TEORETICE PRIVIND NOUL DREPT UMAN: DREPTUL LA PROSPERITATE DURABILĂ

Author(s): Mădălina Virginia Antonescu / Language(s): English Issue: 30/2017

The purpose of the present paper is to elaborate an academic prospection regarding new developments of international law, by taking into account the need for a substantial reform and expansion of the contemporary international law, especially the human rights, due to major and continuous changes in the global world. This requires a better capacity for states and international organizations to defend the human rights at a higher level and to identify new forms and modalities of improving the present quality of juridical protection for human beings. The papers starts by discussing a basic typology of human rights (human rights to survival/subsistence and, on the other hand, the category of “comfort and civilization human rights”, that we propose to identify, developed by academic scholars during the 21st century, as a superior juridical level of human rights protection). All these rights are indivisible, universal and interdependent, regardless of their category; nevertheless, we have to notice the insufficient attention paid by states and international organizations to the second category of human rights (defined as rights indicating the level of human comfort, well-being, the benefits of civilization and the continuous improvement of life standards). Therefore, in this context, we propose the right to sustainable prosperity, as a distinct right of the second, “improved” category of human rights, as a right designed to offer for human beings the superior level of legal protection necessary to attain a better quality of life, at the 21stcentury standards of civilization and technology.

SECURITATEA FERICIRII ÎN ERA INSECURITĂŢII ENDEMICE

Author(s): Eugen Siteanu,Sânziana-Florina Iancu / Language(s): Romanian Issue: 26/2016

The article presents some argument son the necessity to ensure happiness security in present-era. Although, it underlines the happiness concept and the happiness security. Nowadays the happiness security is one of the tasks of governments. At the end, there are formulated some conclusions and propositions.

CECUL DE CĂLĂTORIE

Author(s): Oana Mionel,Marius Eugen Radu / Language(s): Romanian Issue: 25/2016

Travelers Cheques are the most popular banking services offered to people who travel and can be used as such for payment of goods and services together in all countries or may be changed at any time, in numerar. Payment mechanism traveller’s checks are customized by the fact that they pay their beneficiary bank or institution from which they buy their payment and request the submission of any bank or agent of the issuer in the world to buy such checks.

PRINCIPIUL PROPORŢIONALITĂŢII PRIN PRISMA UNOR DREPTURI ŞI LIBERTĂŢI GARANTATE DE CONVENŢIA CEDO

Author(s): Adrian Morărescu / Language(s): Romanian Issue: 21/2015

The article evokes the meanings of the principle of proportionality which conditions its applicability to the most diverse cases, the proportionality test is entirely within the limits of ECHR general interpretative strategies, being especially significant in the context of limiting and restricting the exertion of the widest range of the protected rights and freedoms.

Ljudska prava u pravnim propisima

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2017

Posebna prava

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2017

Ljudska prava u primeni – odabrane teme

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2017

Zaštita i ostvarivanje prava pojedinih kategorija stanovništva

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2017

The Role of the Protector of the Citizens in Protecting Persons with Disabilities

Author(s): Vesna Stojanović,Bojan Zdravković / Language(s): English Issue: 22/2018

The Ombudsman Institute is established by the special law as an independent state body that protects the rights of citizens, controls the work of state bodies, protects the property and property interests of the Republic of Serbia, as well as other institutions and organizations entrusted with public authority. Within the framework of this defined competence, the special activity of the Ombudsman is aimed at indirect or direct protection against discrimination against persons with mental or physical disabilities, which, as a constitutional principle, is proclaimed by the Constitution of the Republic of Serbia. As a special system of organized network of offices covering the entire territory of Serbia, and as an independent and single body, the Protector of Citizens is concerned with the protection and promotion of human rights and no one has the right to influence on his work and conduct. In submitting the report on the work to the competent assembly of the territorial unit, in each calendar year, the achieved results are determined, as well as the activities for achieving of the planned objectives for the next year. In achieving the goals set, one of the most important tasks of the Protector of Citizens is to provide the most powerful legal assistance and support to the citizens in the realization of social and labour protection.

A kisebbségi jogok cserbenhagyása?

Author(s): Balázs Dobos / Language(s): Hungarian Issue: 4/2016

Agarin, Timofey – Cordell, Karl: Minority Rights and Minority Protection in Europe. London – New York, Rowman & Littlefield, 2016, 205 oldal.

State interference in the right to free speech. A legal perspective related to the ECHR jurisprudence

Author(s): Maria-Nicoleta Morar / Language(s): English Issue: 53/2017

The purpose of this paper is to show that in many cases, the State abusively restricts individuals' freedom of expression, amid confusion between exercising their right to free expression and the issue of value judgments. The State sanction applied to individuals for exercising their right to free speech is not always aimed at a legitimate purpose (the protection of rights and freedom of others) and conviction does not correspond to a pressing social need, as it should happen. ECHR jurisprudence reveals that a State interference in the right to free speech is not necessary in a democratic society more so when there is no proportionality between the sanction of state or conviction and the aim sought by the Authority. The way a person exercises his right to say what he thinks, makes it almost impossible to separate a value judgment of its abusive exercise of freedom of expression to it. In such a context, it remains to be seen whether the value judgment is an exception to the limits of free speech or if freedom of expression is the sum of value judgments.

Sesizarea si modul de lucru al Curtii Europene a Drepturilor Omului

Author(s): Gheorghe Costache / Language(s): Romanian Issue: 16/2007

Cet article est une présentation générale de l’organisation et du fonctionnement de la Cour Européenne des Droits de l’Homme. Parmi les questions approchées on peut énumérer: l’adressabilité, le déroulement des séances, la procédure décisionnelle etc.

Goods - As in Article 1, Protocol no. 1 of The European Convention on Human Rights

Author(s): Ana-Maria Brezniceanu / Language(s): English Issue: 11/2006

Le droit de propriété est un des droits fondamentaux de l'homme. Cet article le discute en partant du texte de la Convention Européenne des Droits de L'Homme et des arrêts les plus importants des dernières années.

Liberty Privation – Essential Right of a Person

Author(s): Florin Corneanu / Language(s): English Issue: 37+38/2013

Liberty privation, which is a restriction of a person fredom, can be and must be permited only with strict reglementations in any society, weater it is a democratic society, communist society, monarh society or any other tipe of society that exist in the world. This is way the modern society had to create a legal round for states, in order to have a adequate protection for the right of persons and to avoid this way the violation of esential roghts such as the right of beeing liberty privated. There for, in order to have a adequate protection of the humain rights it was adopted THE EUROPEAN CONVENTION ON HUMAN, regulations which are obligatory for state taht join the protocol.

Blasfemija i krivično pravo – uporedno zakonodavstvo i judikatura

Author(s): Igor Vuković / Language(s): Serbian Issue: 2/2018

Although the dignity of the deity is in comparative legislation no longer considered as an adequate object of criminal law protection, contemporary legal systems still contain crimes that protect the religious feelings of citizens. However, like other offenses that violate honor and reputation, the unlawfulness of such behavior is often called into question if offensive exposure has had a critical note, especially if it was revealed in a literary or artistic work. The paper presents a very rich comparative case law of the national courts and the European Court of Human Rights concerning blasphemous expression, as well as relevant international documents. Despite the strong efforts to promote the absolute inviolability of freedom of expression, at the cost of offending the religious feelings of citizens, existing international documents and current case-law show some caution in defining the limits of this freedom. If the European Convention on Human Rights already allows a number of restrictions on the freedom of expression, including the interests of public security, the prevention of disorder, protection of morals or the protection of reputation, it would be completely unreasonable if legislative bodies in one society, often multiconfessional and vulnerable to incidents that shake religious feelings and the fragile stability of the community, would completely ignore the mockery of the essential content of a religious belief. On the other hand, one can not argue that the need for criminal justice protection of such values is less and less felt in modern irreligious European societies, where possible incriminations are more related to the potential consequences to the public order and peace. An extreme approach, which would ignore the existing normative framework, advocating for unlimited freedom of expression, would certainly not be a good starting point.

Regional Human Rights Systems and the Principle of Universality

Author(s): Sebastian Răduleţu / Language(s): English Issue: 37+38/2013

The activity of regional human rights systems reflects sometimes the tension between the universality of human rights and the relativity of the culture where they should be implemented. In this context an important issue is whether regional systems, adapted to specific local conditions, could threaten the universality of human rights or, on the contrary, they contribute to a wider and deeper implementation of universal human rights. This article will assert that regional human rights systems should not be seen as dangers for the universality of human rights but, on the contrary, as contributors to the implementation of global human rights in various cultural environments. It will also go on to challenge the main counter arguments to its statement, in order to cover all the relevant aspects of the topic.