Revista Drepturile Omului

Nr.4 | 2014 | Vedeti revista aici

I. STUDII, CERCETARI, ARTICOLE

Irina Moroianu Zlătescu

Încheierea celui de-al doilea Deceniu al Educației. Evoluția la nivel european a învățământului superior juridic

The second stage of the United Nations programme devoted to human rights education (2010-2014) mainly focused on higher education. Given that the legal higher education plays an essential role in this respect, the study deals with its evolution at European level. At the same time, it takes into account the context in which new teaching methods are experimented at this level. It points out that such methods should be based on the study of comparative law, which proves the increasing need for the development of a transsystemic approach to legal education.

Keywords: human rights, education, legal higher education, comparative law

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Catrinel Brumar

Imigrarea și integrarea migranților. Statul membru responsabil pentru examinarea unei cereri de protecție internațională și accesul efectiv la o procedură în Uniunea Europeană

The Dublin Mechanism III (Regulation 604/2013 of the European Parliament and of the Council, which replaced with some amendments the previous mechanism Dublin II) contributes to the recognition of the right of access to asylum procedures in the EU and responds, by this contribution, to two requirements: Each applicant is entitled to asylum procedures in the EU and each applicant is entitled to a single asylum procedure. Such a mechanism to ensure the implementation of these requirements makes use of two instruments: the concept of a responsible state for examining an application for international protection and the hierarchical identification criteria of this state. The implementation of the Dublin mechanism is based on the presumption that in the course of the asylum procedure, the fundamental rights are respected in all 28 European Union member states. However, the simple character of the presumption recognized by European case law indicates some construction deficiencies of the mechanism which until now have been only partially corrected by reforming regulation.

Keywords: immigration, asylum, border control, integration of migrants, international protection, access to asylum procedures, the State responsible

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Anna Maria Neagoe, Gheorghe Filip

Aspecte privind participarea la activități sportive a persoanelor cu dizabilități

Sports as the most common human activity contributes to social integration of persons belonging to disadvantaged groups, including those with disabilities. States and sports organizations are encouraged to adapt sport infrastructure taking into account the needs of persons with disabilities, ensuring that locations and devices for sports activities are available. Ratification by Romania of the Convention on the Rights of Persons with Disabilities is committed to securing and promoting the full enjoyment of all human rights and fundamental freedoms for all persons with disabilities without any discrimination on grounds of disability.

Keywords: persons with disabilities, sports activities, White Paper on Sport, Convention on the right of persons with disabilities

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Gheorghe Iancu

Libertatea de conștiință și ora de religie în școli

The National Education Act, with its subsequent amendments and completions regulates from the start, which are the mandatory and optional training modules. The Disciplines / fields of study or compulsory training modules constitute the core curriculum governed by law of which religion is also a part along with the Romanian language and literature, mathematics, history, physics, etc. The legal provisions governing the teaching of religion in schools had been over time subject to two exceptions of unconstitutionality, in 2012 and in 2013. Surprisingly, the decisions of the Constitutional Court in this matter (Decision 306 of 27 March 2012 and Decision no. 669 of 12 November 2014) are contradictory with regard to the final decision in adopting the solution of unconstitutionality, the Court ignoring all international and European provisions invoked on its decision of March 2012.

Keywords: curriculum frameworks, core curriculum, training modules mandatory, optional, religion, confession own denominations, freedom of thought

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Marilena Ene

Criza economică și drepturile economice ale omului în România

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.

Keywords: economic and social rights, legal norms of protection, limitation, legal and economic impact, as gained reasonable life

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Alvera Alexandra

Planuri naționale de acțiune privind mediul de afaceri și drepturile omului

In the summer of 2011, the United Nations Human Rights Council established the setting up of a Working Group on the issue of business and human rights (UNWG). In carrying out the powers with which it has been endowed, the Group advocated and encouraged states to participate in the development, production and updating of National Action Plans to implement the Guiding Principles on Business and Human Rights. A National Action Plan has been defined as representing the policy documents of a state that articulates it priorities and actions to be taken to support the implementation of international obligations and commitments with regard to specific policy areas or topics, such as, for example, human rights.

Keywords: business environment, human rights, the National Action Plan, implementation, commitments, corporations, collaboration

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Georgeta Erika Kuciel

Drepturile omului în corelație cu absorbția fondurilor europene

Respect for human rights is a priority for the European Union and for Romania, in all policies which they carry. In this regard, the EU seeks to integrate human rights concerns in all its programs through various political and financial instruments at its disposal, including the funding of specific projects in this area. Among these tools is highlighted: European Instrument for Democracy and Human Rights with a budget of 1.3 billion Euros allocated for the period 2014-2020, the Development Cooperation Instrument, the Stability Instrument, the European Neighbourhood and Partnership Instrument, the European Development, the European Training Programme for Human Rights Lawyers etc.

Keywords: human rights, respect, EU funding programs development and integration, financial instruments, financing from European funds, portfolios protection

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II. RAPORT DE ACTIVITATE AL INSTITUTULUI ROMAN PENTRU DREPTURILE OMULUI