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CONTRIBUȚII BIOETICE LA REFORMAREA SISTEMULUI DE ASIGURARE A SECURITĂȚII UMANE ÎN REPUBLICA MOLDOVA

CONTRIBUȚII BIOETICE LA REFORMAREA SISTEMULUI DE ASIGURARE A SECURITĂȚII UMANE ÎN REPUBLICA MOLDOVA

Author(s): Serghei Sprincean / Language(s): Romanian Issue: 2/2018

The bioethical aspect inclusive in the Republic of Moldova, in the context of the strengthening of human security has begun to manifest itself more and more unambiguously in the public space, with the intensification of the process of social and political opening of the society and of the indigenous political class towards the global tendencies and political and social trends, in large part, the intensification of the global and regional problems faced by the Republic of Moldova along with other countries of the world, but also the initiation of the process of connecting the internal legislation to the European one in view of Moldova's accession to the European Union. We appreciate that, under the conditions created, when there is no state conception or a clear strategic vision on bioethics and human security, as in many European Union countries, like in the United States of America, Canada, Japan or other countries substantially advanced through the implementation of bioethical and human security norms and principles in different spheres of social life, including in the field of politics, it is required to define the most important national values and principles characteristic of our native culture to underpin the elaboration of a bioethical strategy model and human security of the RM. This effort must be made to raise the overall bioethical conception of the most diverse individual and bioethical security dilemmas into a high-ranking state policy that engenders public disputes and affects the entire population. Here we have in mind the problems that the society, the political class in the Republic of Moldova, have already had the opportunity to face, such as the bioethical problems analysed above or other problems with bioethical implications that the indigenous society will face in the foreseeable future, taking into account the global trends existing regional threats, the most important threats to the moral and spiritual foundations of the Moldovan society, the cultural, economic and social specific of the country.

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TERMINATION OF INDIVIDUAL LABOR AGREEMENT WITH PROFESSIONAL ATHLETES AND TRAINERS

TERMINATION OF INDIVIDUAL LABOR AGREEMENT WITH PROFESSIONAL ATHLETES AND TRAINERS

Author(s): Dmitrii Bosii / Language(s): Russian Issue: 1/2018

The author highlights the grounds for termination of individual employment contracts with professional athletes and coaches. Аннотация: Автор освещает основания прекращения индивидуальных трудовых договоров с профессиональными спортсменами и тренерами.

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Efectele dreptului la azil 
asupra securităţii naţionale

Efectele dreptului la azil asupra securităţii naţionale

Author(s): Diana Camelia Boroi / Language(s): Romanian Issue: IV/2016

Personal reasons which stand as grounds for the international migration are manifested through the individuals’ decision to relocate from their origin country to another space, mainly to improve their financial situation, or due to political, religious, ethnic events or events related to affiliation to a specific social group, which give rise to involuntary population movements outside the national territory. Immigration is closely connected to the economic and social development.

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General Considerations of the Regulation 
and Guarantee of the Rights Inherent 
to Human Beings

General Considerations of the Regulation and Guarantee of the Rights Inherent to Human Beings

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: V/2017

This article is about the regulation of the personality rights in the Civil Code in relation to fundamental human rights and freedoms and the application of biology and medicine to these rights. The article analyses the relation between the personality rights and the rights inherent to human beings, and it also gives opinions about their systematisation in the Civil Code and the connection existing between the content of these rights and the bioethics. Several concrete aspects are analysed with regard to the concept of human dignity and its regulation in international documents, as well as the “the right to decide for oneself” correlated with the “inviolability of the human body” and the “right to physical and psychical integrity”.

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The objectives of sustainable development, ways to achieve a better life for current and future generations

The objectives of sustainable development, ways to achieve a better life for current and future generations

Author(s): Felicia Maxim / Language(s): English Issue: VI/2018

Identifying the major problems faced by mankind, states have understood that they need to cooperate in identifying the means to address these issues in order to ensure a better life for present generations and a secure future for the future generations. In this respect, the concept of sustainable development was promoted internationally. The Sustainable Development Summit, held in New York in 2015, has been a historic moment of great importance with the adoption of the Agenda for Sustainable Development 2030, bringing together over 150 world leaders at UNO headquarters to decide and start new ways to improve people's lives. At the United Nations Conference on Sustainable Development in 2015, the participants sought to enshrine the principle of sustainable development, taking into account the features of contemporary international society. Therefore, the 17 Sustainable Development Goals and 169 targets constitute an action plan for people, the planet and prosperity.

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The Citizens’ Right to Information on Environmental Issues, in the Context of Sustainable Development

The Citizens’ Right to Information on Environmental Issues, in the Context of Sustainable Development

Author(s): Alina Popescu / Language(s): English Issue: VI/2018

The focus on the sustainable development in the international society is not new; it has been taken up globally as people have become aware of the fact that a thoughtless exploitation of natural resources, with no care for tomorrow’s society, may endanger the very existence of this society. Economic and social progress must not endanger the natural balance of the planet; for this reason, policies ensuring better life quality must be promoted, but this is not enough. A changed mindset on how resources are used is also needed, along with establishing a set of values that each citizen should adopt. All this cannot be performed without pertinent information. Citizens should be educated and informed on the deployment of these policies on sustainable development and should receive the environmental information authorities hold so that they may protect their rights and take part in decision making.Sustainable development still is a challenge for the society, as ways have to be found to reconcile the needs of the current generation with those of future generations. It is a challenge also because relevant policies envisage ambitious and interdependent goals: economic growth, social inclusion (along with eradication of poverty) and environmental protection.

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Human Dignity – A Right or a Principle of Human Rights?

Human Dignity – A Right or a Principle of Human Rights?

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: VI/2018

Human dignity was unequivocally the underlying principle of the most important documents adopted internationally in the field of human rights after World War II. Nevertheless, a series of confusions have arisen with regard to the concept of human dignity and the definition which should be given to this concept especially that, at national level, constitutions of states qualify human dignity as being a right or a principle. This article is intended to offer a short description regarding the evolution of the content of the human dignity concept and the important points in time which marked its evolution, especially in the light of international and regional legal instruments adopted in the field of human rights, and to present several aspects referring to the valences of the human dignity concept and how it is perceived and understood today and the important role it plays in granting and protecting the rights that are inherent to the human being.

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Reflections on the dignity attained. Constitutional, civil and criminal matters

Reflections on the dignity attained. Constitutional, civil and criminal matters

Author(s): Adrian-Milutin Truichici,Luiza Neagu / Language(s): English Issue: VII/2019

Human dignity is an inalienable attribute of the human person, a value that imposes on each member of society a behavior of respect and protection of the other individuals and the prohibition of any humiliating or degrading attitude towards the human. In other words, each individual is bound to recognize and respect in every other human being the attributes and values that characterize him as a human being.

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THE BOTSWANA PUBLIC SECTOR BARGAINING COUNCIL,
A REALITY OR FALACY

THE BOTSWANA PUBLIC SECTOR BARGAINING COUNCIL, A REALITY OR FALACY

Author(s): Tshukudu Theophilus Tebetso / Language(s): English Issue: 2 (47)/2020

This article endeavours to come up with strategies that can be used to build thebroken trust between the Botswana government and Botswana Federation of Public SectorUnions (BOFEPUSO), being the unions’ representatives in the bargaining council. InBotswana, the 2008 Public service Act called for the setting of a collective bargaining councilfor the public sector known as the Public Sector Bargaining Council with the composition ofgovernment of Botswana representatives and labour represented by Botswana Federation ofPublic Sector Unions (BOFEPUSO). Since its inception the BPSBC has been ridden byproblems, with labour and other commentators observing that government is dragging its feetto start the bargaining council with a view to frustrate unions. The other major problem wasnon-adherence to Collective Agreement by President Khama whereby He addressed collectivebargaining issues such as salary increment during his Kgotla(traditional gatherings) meetings.The current administration under President Khama has been militant and heavy handed onlabour since 2008 and it did not come as a surprise when the President and his administrationfoiled Botswana Public Sector Bargaining Council (BPSBC) efforts to resume, resulting in lossof trust by union on government. There is a need, therefore, evaluate the relationship betweengovernment and BOFEPUSO as trade unions representative in the bargaining council andmost importantly to come up with strategies that can help both parties re-establish trust in therelationship and that the collective bargaining processes are enhanced and industrial action,with its often negative consequences, is averted.

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Kaip idealai ir kaip teisingumo reikalavimai

Kaip idealai ir kaip teisingumo reikalavimai

Author(s): Vygantas Malinauskas / Language(s): Lithuanian Issue: 2 (20)/2019

The subject of the article is the analysis and evaluation of competing human rights concepts. The objective of the research is to discuss the implications of the concept defining human rights as ideals for human rights theory and practice. The concept of human rights as ideals is firmly established in the prevailing political and legal discourse. The origins of such concept lie at the beginnings of modern political theory and in the first political documents establishing human rights. The concept of human rights as legal and political ideals is also supported by their status as the most important values of modern liberal democratic state. Regardless of the attractiveness of the concept presenting human rights as ideals that the modern state must strive to realize as broadly as possible, this concept is problematic from the theoretical and practical point of view. The article, based on Hohfeld and Tasioulas insights, shows that human rights can only function effectively if they generate correlative duties. Real rights, unlike ideals, are inherently definite. On the other hand, rights perceived as ideals are separated from correlative duties. Such separation of rights and duties impacts not only integrity but also moral weight of rights. The concept of rights as ideals not only leads to uncertainty, but also adversely affects the prevailing proportionality test, which is used to justify a balance between human rights and public interests. The article argues that the classical concept of human rights better served not by the notion of rights as ideals but by the notion of rights as requirements of justice. As it was elaborated by Hohfeld, there is a fundamental link between the existence of rights and the existence of correlative duties. This link implies that the requirements of justice are an integral part of the concept of human rights. The concept of human rights as a requirement of justice, generating moral and legal justifiable obligations for legal subjects, helps to rationally explain and justify the importance of human rights, their scope and their relation to the public interest. At the same time, the concept of human rights as a requirement of justice frees human rights from their submission to ideological and group interests. This concept also preserves the moral weight that characterizes the classical concept of human rights. Finally, the concept of human rights as a requirement for justice creates preconditions for greater objectivity in search for a fair balance between human rights and the public interest. Therefore, it is expedient to treat human rights from a theoretical and practical point of view not as ideals, but as conditions necessary for the realization of the ideal of justice in society.

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THE RIGHT TO REPLY FROM A MEASURE FOR RESTORING THE RIGHT TO DIGNITY TO A PERSONALITY RIGHT

THE RIGHT TO REPLY FROM A MEASURE FOR RESTORING THE RIGHT TO DIGNITY TO A PERSONALITY RIGHT

Author(s): Maria Irina Budică-Iacob / Language(s): English Issue: 2/2019

The right to dignity is fundamentally linked to the human being. Any breach there of must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested party a non-patrimonial remedy of the dignity through the possibility of restoring his/her reputation by presenting his/her variant of truth. The purpose of this paper is to highlight the importance of granting the right of reply in the shortest possible time and through the fastest possible means, including through provisional measures. Its recognition at the legislative level only in the field of audio-visual communications is not sufficient, but may represent a starting point for its extension in the civil law. The lack of an express regulation in civil matter does not, however, impede its granting, but the observance of some conditions specific to the civil means of protection of the personality rights is required, and the time elapsed until its exercise is longer and the reply may become inconsiderable. Reparation by equivalent cannot fully restore the right to dignity, which is why the legislative recognitionin civil law of the right of reply is required as a personality right in the interest of the individual's self-determination regarding the public presentation of his/her person.

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Društveno politički uslovi za ostvarivanje ljudskih prava

Društveno politički uslovi za ostvarivanje ljudskih prava

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2019

Društveno politički uslovi u Srbiji u 2019. godini nisu bili nimalo povoljni za ostvarivanje ljudskih prava iz mnogih razloga. Populističkom retorikom i upornim ponavljanjem da je bezbednost države ugrožena, stvorena je atmosfere straha među građanima i uzdržanost stručnjaka kada je reč o kritikama odluka vlasti koje se tiču njihovih oblasti, ali takođe i masovniji otpor građana. Dominantan je uticaj politike na skoro sve sfere društvenog života, institucije se sve više urušavaju, sve je manje tolerancije u društvu a odsustvo solidarnosti ugrožava položaj posebno ranjivih kategorija građana Srbije.

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LJUDSKA PRAVA U PRIMENI – ODABRANE TEME

LJUDSKA PRAVA U PRIMENI – ODABRANE TEME

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2019

Dugi niz godina stanje na medijskoj sceni Srbije ocenjuje se u domaćoj i međunarodnoj javnosti kao zabrinjavajuće, ali je ono u 2019. godini drastično pogoršano. Godinu su obeležili skoro redovni napadi na novinare i medije koji iznose kritičke stavove i posebno one medije koji se bave istraživačkim novinarstvom i koji su otkrili nekoliko afera u koje su umešani pojedinci na vlasti. Retorika vlasti prema novinarima i medijima koji objektivno izveštavaju se zaoštrava, država je pojačala posredni ulazak u vlasništvo medija, ekonomski pritisci su sve veći kao i novčane nagrade kroz sufinansiranje projekata onih medija koji nekritički i često netačno informišu javnost u Srbiji.

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ZAŠTITA I OSTVARIVANJE PRAVA POJEDINIH KATEGORIJA STANOVNIŠTVA

ZAŠTITA I OSTVARIVANJE PRAVA POJEDINIH KATEGORIJA STANOVNIŠTVA

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2019

Romska nacionalna manjina je i dalje, pored mađarske, najbrojnija nacionalna manjina u Republici Srbiji. Prema popisu stanovništva Republičkog zavoda za statistiku iz 2011. godine, 147.604 građana se izjasnilo kao Romi.1 Međutim, pripadnici romske nacionalne manjine su u izrazito nepovoljnijem položaju u odnosu na ostatak stanovništva u Srbiji i izloženi su socijalnoj isključenosti koja je duboko ukorenjena. Zapošljavanje, rešavanje stambenog pitanja, pristup obrazovanju i uslugama zdravstvene zaštite, kao i borba protiv diskriminacije su ključni izazovi za unapređenje položaja pripadnika romske nacionalne manjine.

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State of Wisconsin v. Loomis sau intersecția dintre inteligența artificială și dreptul fundamental la un proces echitabil
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State of Wisconsin v. Loomis sau intersecția dintre inteligența artificială și dreptul fundamental la un proces echitabil

Author(s): Claudiu Marian Drăgușin / Language(s): Romanian Issue: 04/2020

The purpose of this study is to present the Case Loomis v. State of Michigan, settled by the Supreme Court of the State of Wisconsin in the United States of America, on how the right to a fair trial may be affected assuming that the solution is pronounced by the judge, having at his disposal, among the usual elements of fact and of law in a classic trial also a report provided by an artificial intelligence system. The study contextualizes the time and the place in which the case appeared, realizing in its beginning a brief parallel between the characteristics of the American justice system and the European one in the field of fundamental rights, with a marginal incursion in the scope of the principle of proportionality. In this framework, the respective case is presented with emphasis on the arguments used by the judges of the Court, in order to reach the conclusion that the right to a fair trial is not violated insofar as the conclusions produced by the algorithm are used by observing some guiding principles, drawn on this occasion. The conclusion of the study shows that the arguments presented in the North American system can remain valid and can be transposed into the European system, when it will face such a problem. Finally, the final part is intended to be a plea for awareness of the immediate reality of artificial intelligence, which will penetrate more and more in the legal field, including in the judge’s office, as well as for a mental openness towards these new concepts.

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Conflict in Darfur in perspective of Genocide Prevention

Conflict in Darfur in perspective of Genocide Prevention

Author(s): Jakub Kościółek / Language(s): Polish Issue: 2/2019

The article presents the records collected by the Darfur Atrocities Documentation Team (ADT), which have proved the occurrence of genocide in Darfur. It describes the discussion of the academic community and often conflicting political positions on the issue. The author attempted to analyse the results of the work of the International Commission of Inquiry on Darfur (ICID), appointed at the request of the United States by the UN Security Council, which examined the numerous violations of the international law in the province, but did not express an opinion whether or not genocide had taken place in Darfur. He has confronted the collected evidence of crimes committed in Darfur with the “Convention on the prevention and punishment of genocide”, which obliges the international community to intervene when genocide is proved to be happening. The conflict in Darfur has been presented as an example of the ineffectiveness of the response of the international community to genocide. Therefore, an analysis was carried out on the means of effective prevention of genocide, which can be used in future prevention of crimes in other regions of the world.

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The “Market” Of Human Reproductive Cells in Romania.

The “Market” Of Human Reproductive Cells in Romania.

Author(s): Carmen Tamara Ungureanu / Language(s): English Issue: 1-2Special/2020

In Romania, the donation of human reproductive cells (sperm and eggs) can only be done for altruistic and therapeutic purposes. Even so, a lawful market of reproductive cells functions, as part of medically assisted human reproduction techniques, in which Romanian citizens are involved. We will first analyze the legal status of the contracts regarding human reproductive cells (1), so that in the second part of the study we will show how the reproductive cell market works for persons of Romanian citizenship (2).

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Exercise of Parental Rights and Obligations in Romania

Exercise of Parental Rights and Obligations in Romania

Author(s): Elisabeta Slabu / Language(s): English Issue: 1-2Special/2020

According to the legislation of the Romanian state, the general rule is that parental rights and obligations on the minor child are jointly exercised by both parents. In special situations, when there are good reasons, parental authority can be exercised only by one parent, the other parent retaining the right to maintain connection with the minor and also has the obligation to contribute to his or her maintenance. The exercise of parental rights and obligations towards the minor children is regulated in the Romanian legal system both by a framework law - the Civil Code - and by a special law - Law no. 272/2004 on the protection and promotion of the rights of the child. Both laws have been changed and adapted to the modern European requirements, so that children's rights be virtually protected, in a European legal space.

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Lex informatica şi protecţia datelor cu caracter personal

Lex informatica şi protecţia datelor cu caracter personal

Author(s): Andreea Șerban / Language(s): Romanian Issue: 1/2020

The use of the Internet for commerce has become increasingly relevant both for the European and international legislators and for the parties involved. The trade operators face new regulations regarding the protection of personal data and Lex Mercatoria, a particular set of a-national rules in international trade law, also applies in legal relations made through the Internet using a form specific to information infrastructures, namely Lex Informatica. This concept refers both to the product of a decentralized private legislative process, resulting from the transition of trade from the territorial application to the virtual environment and the international trade practices of the participants, as well as the code used when programming the online platformes, created by technical experts and computer scientists. In the present study we shall follow the way in which the new data protection legislation applies on the Internet and to what extend the specific rules of international trade law are linked to these.

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Impactul hotărârii Camerei Curţii Penale Internaţionale de respingere a autorizării anchetei procurorului asupra activităţii de prevenire şi combatere a criminalităţii la nivel internaţional. Cauza Afganistan

Impactul hotărârii Camerei Curţii Penale Internaţionale de respingere a autorizării anchetei procurorului asupra activităţii de prevenire şi combatere a criminalităţii la nivel internaţional. Cauza Afganistan

Author(s): Alina-Mirabela Gentimir / Language(s): Romanian Issue: 1/2020

The paper intends to underline the current challenges on the legitimacy and efficiency of the international criminal system. The Prosecutor’s request of authorization from Pre-Trial Judges to initiate an investigation into alleged war crimes and crimes against humanity in relation to the armed conflict in the Islamic Republic of Afghanistan since 1 May 2003, as well as regarding similar crimes related to the armed conflict in Afghanistan allegedly committed in the territory of other States Parties to the Rome Statute since 1 July 2002, rejected unanimously on 12 of April 2019, has created, once again, questions on the independence and impartiality of the International Criminal Court. The reason invoked by ICC judges been no less than that an investigation in this case would not serve the interest of justice, thanks to the fact that the current circumstances of the situation in Afghanistan are such as to make the prospects for a successful investigation and prosecution extremely limited. This rejection, beyond its deeper political explanations caused by the direct conflict of the Court with United State, would be considered a challenge especially after the conviction of three European State – Romania, Lithuania, Poland – by the Court of Strasbourg for committing severe violations of human rights in cases related to the existence of CIA black centres as the ones from Afghanistan.

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