"Human Rights" Journal

No.3 | 2013 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Mihaela Istrate

Human security – evolution and revolution

Human security includes two important categories – one developed around some elementary needs, such as the necessity of food and medical care, and the other one based on the protection against certain elements that may negatively affect social life. Based on these relationships seven elements specifically related to the concept of human security have been identified: economic security, food security, health security, environment security, personal security, security of the community to which the individual belongs, and political security. Human security makes a contribution to the security of States, adds a new dimension to human development and strengthens human rights. It makes a contribution to the security of States because it is focused on persons and takes into account the risks that are not considered as such by the States. At the same time, it makes a contribution to human development by increasing social equity and by decreasing insecurity factors. The objectives of human security therefore are to free the human person from fear and needs as well as develop the human being.

Keywords: human security, objectives, dangers against human security, human dimension, life quality, individual rights, legal rights, civil freedoms, subsistence rights, economic rights, political rights, threats

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Irina Moroianu Zlătescu

The principle of non-discrimination based on citizenship or nationality

Article 18 (1) of the Treaty on the Functioning of the European Union prohibits any form of discrimination on grounds of nationality or citizenship, whether direct or indirect, and it may be implemented either in relations between States, and/or in relations with private persons. Moreover, according to constant case-law, fundamental rights are an integral part of these principles and the Court of Justice of the European Union guarantees that they are respected.

Keywords: human rights, democratic principles generations, non-discrimination, citizenship, nationality

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Daniela Ruxandra Mitică

Role of the Public Ministry in the application of the principle of non-discrimination

The principle of non-discrimination, according to which individuals are equal before the law, enjoying protection without any distinction, is clearly regulated at all three levels: international, regional, and national. In our country, the principle of non-discrimination is legislated in Government Ordinance No. 137/2000, whose provisions guarantee the citizens' equality as well as elimination of privileges and discrimination in the exercise of their rights before the courts of law and any other jurisdictional bodies.In its capacity a s a State institution whose role is to protect the general interests of society and defend the state of law, as well as the citizens' rights and freedoms, the Public Ministry is bound to ensure respect of the non-discrimination principle, as well as implementation and observance in the judicial practice of the regulations in this field.

Keywords: non-discrimination, equality before the law, rule of law, presumption of innocence, exercise of rights

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Adrian Bulgaru

Rights and duties for asylum seekers and the holders of a form of protection in Romania

Refugees are holders of a fixed number of rights laid down in the Convention of Geneva on the status of refugees, which reflects the protection of human rights. The application of these rights may vary in terms of the refugee’s situation in the territory. An important element for asylum seekers and other migrants is that their rights should be exercised based on equality and freedom, with no discrimination on such grounds as race, colour, gender, language, religion, political opinion, national or social origin, fortune or any other different status that a person may have. The Romanian legislation, particularly Law No. 122/2006 on asylum in Romania, unambiguously regulates and guarantees the rights of asylum seekers, that is, the rights of those who enjoy one of the acknowledged forms of protection, namely, the status of refugee, the subsidiary protection or the temporary protection.

Keywords: asylum seeker, refugee, fundamental rights and freedoms, equality, discrimination, non-discrimination

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Ioan Voicu

Human rights diplomacy and ASEAN

The article is devoted to a brief diplomatic analysis of the development, content and implementation of the ASEAN Human Rights Declaration (2012), the first document to reflect a comprehensive regional approach to the whole issue of human rights and to include specific provisions on the right to development and peace. The ASEAN Intergovernmental Commission on Human Rights is also presented, focusing on its mandate, as well as the critical or positive assessments made in relation to human rights instruments and mechanisms in South-East Asia, both within this region and at the UN.

Keywords: UN, rights, obligations, development, peace, mechanisms, institutions, universality, promotion, monitoring, democracy, diplomacy, security, crisis

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Ion Rusu

Comments on the complex nature and the importance of freedom of expression in Romania

After presenting the concept of fundamental rights and freedoms, analysing the forms and means of exercising the freedom of speech in the Romanian Constitution, the author presents the regulation of the social - political freedom in some international deeds (The International Covenant on Civil and Political Rights, The European Convention for the Protection of Human Rights and Fundamental Freedoms). The necessity of respecting certain supreme values (dignity, honour, private life) in exercising the freedom of speech in the media is highlighted, outlining the practice of the European Court of Human Rights in this field.

Keywords: freedom of expression, exercise, democracy, legality

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Ion Popescu-Slăniceanu, Cosmin-Ionuț Enescu

Issues related to the regulation of the rights of the child in Romania

Modern societies are concerned about children, defending their rights, their protection as human beings who are not fully shaped and cannot defend their rights by themselves. In Romania, Law No. 272/2004 is the legal framework for the respect, the promotion and the guaranteeing of children’s rights. Implementation of this legislation allows for the creation of a modern, European, system for the protection of the rights of the child, harmonized with the international treaties to which Romania is party, such as the European Convention on Human Rights and the United Nations Convention on the Rights of the Child. In conformity with the above-mentioned regulations, all public authorities, non-governmental organizations, as well as natural persons and the legal persons responsible for the protection of the child are bound to respect and guarantee the rights of the child.

Keywords: child, juvenile, rights, protection

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II. JURIDICAL DOCUMENTATION

Claudia Elena Marinică

Report on the evolution of the human rights legislation in the European Union and Romania – 2013 (Part I)

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Ana Maria Beșteliu

European National Human Rights Institutions and the protection and promotion of the rights of older persons

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Ana Maria Beșteliu

Romania’s situation in the period 2011-2012 as reflected in the reports of the EU Agency for Fundamental Rights

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III. JURISPRUDENCE

Decision of the European Court of Human Rights in the case M. and C. vs. Romania

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IV. SIGNAL

Mihai Enache

World Population Day

Olivia Florescu

Integrated social services and vocational training for disabled persons

Carmen Năstase

International Youth Day

Daniela Albu

Activities of the European Union Agency for Human Rights (FRA)

Teodor Lorenț

The final conference of the project ″Labour market integration: increased chances for people with disabilities″

Irina Moroianu Zlătescu

20 years since the adoption of the Paris Principles

Ana-Maria Beșteliu

Diana Elena Neaga, Gender and citizenship in Romania, Polirom Publishing House, 2013, 335 pages

Petru Emanuel Zlătescu

Joël Molinier, Joroslaw Lotarski, Droit du contentieux de L`Union Europénne, L.G.D.J., Paris, 2012, ediția a 4-a, 274 pagini

Gheorghe Pârvan

Gheorghe Iancu, Constitutional procedures – Constitutional Procedural Law, Monitorul Oficial Publishing House, Bucharest, 2010, 424 pages

Mihaela Scarlat

Handbook for National Human Rights Institutions on Women`s rights and gender equality, OSCE/ODIHR, Warsaw3, 2012, 130 pagini

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V. REMEMBER

Remember

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