"Human Rights" Journal

No.3 | 2014 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Irina Moroianu Zlătescu

Multiple discrimination and the fight against it

The study attempts to analyze the problems arising from multiple discrimination, the latter being owed to the coexistence or the interaction of several reasons. Since both at international level and in the European Union equality and non-discrimination are essential, the research describes the forms of multiple discrimination and the obstacles encountered by those who want to approach the topic from a juridical point of view. They should make continuous efforts to overcome the obstacles and propose or take measures at national and international levels as well as in the European Union.

Keywords: multiple discrimination – definition, positive combating measures, sanctions

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Ioan Voicu, Florina Voicu

Re-visiting the right to peace

The article contains a brief analysis, from an institutional, legal and diplomatic perspective, of the latest developments in the drafting of a declaration on the right to peace, with special emphasis on the modest and inconclusive results achieved by the Human Rights Council by 2014. The origins of the concept of the right to peace, the reasons for the codification and progressive development of this right, the difficulties encountered in the universal recognition of this right, and the uncertain prospects of finalizing a comprehensive document that unambiguously enshrines the right to peace, both as an individual and collective right, are studied. The links between the right to peace, the right to life, the right to development and the definition of a culture of peace are also mentioned.

Keywords: League of Nations, The United Nations Human Rights Council, rights, obligations, cooperation, education, tolerance, solidarity, promotion, peace, world order

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Anna Maria Neagoe

The right of persons with disabilities to independent living and community integration

Being independent, considered by many of us as the default, is for people with disabilities often a luxury. Independent living refers to the ability of persons with disabilities to make choices and decisions about their own lives and to enjoy the same degree of autonomy as persons without disabilities. The Convention on the Rights of Persons with Disabilities reaffirms the right of persons with disabilities to live independently and participate fully in all aspects of life. This means that people with disabilities should have the opportunity to have their own home, just like any person, and equal access to all services – from transport, information and communication, as well as public facilities and services.

Keywords: persons with disabilities, independent living, institutional care, Convention on the Rights of Persons with Disabilities

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Gheorghe Iancu, Vlad Iancu

Special techniques of criminal surveillance or investigation and the importance of respecting the fundamental rights and freedoms

The institution of special surveillance and criminal investigation techniques is particularly important for the establishment of legal evidence that can be used in criminal proceedings, while its misapplication may have undesirable effects on the exercise of fundamental rights, under circumstances when the content of these rights is affected. The Criminal Procedure Code provides for all surveillance techniques a number of conditions to be met, one of which is very important, namely: the measure applied should be proportionate to the restriction of the exercise of rights and fundamental freedoms, given the particular circumstances, and also proportionate to the importance of the information or the evidence to be obtained, or to the seriousness of the offenses committed. In relation to the content of the constitutional fundamental rights, nothing in the Criminal Procedure Code, relating to special surveillance techniques or criminal investigation appears to be inconsistent with the Constitution and the provisions of the European Convention, with the exception of the reference to the impossibility to attack the resolution pronounced by the judge on rights and liberties by the approved technical supervision mandate.

Keywords: human rights, criminal procedure, Constitution, special surveillance techniques

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Mircea Ciocan

Health – a human rights issue

The right to health includes access to good quality and affordable health care services, as well as access to information on health issues. Public health system is the guarantee of quality of life and one of the most important political commitments that governments must assume to ensure high social standards of the population they represent. The lack of a legal framework which should regulate minimum penalties for the state’s interventions failure in social responsibility creates a disproportionate gap between this right in itself and its actual valorizing in the daily practice.

Keywords: right to health, human rights, health system, public services, resources, poverty

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Vlad Dan Oanea

Regularization of applications for summons – a key element of access to justice

A new institution regulated by the Code of Civil Procedure is represented by the rules aimed at regulating the application law suit, subject to the provisions of Article 200 Civil Procedure Code. The issue called into question is of a great interest especially in terms of unconstitutionality raised by the litigants in that the provisions of Art. 200 Civil Procedure Code violates Art. 21 on access to justice in the Constitution.

Keywords: civil law, civil procedure, access to justice, human rights, fair trial

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II. JURIDICAL DOCUMENTATION

27th session of the UN General Assembly of 23 September 2014, Resolution A/HRC/27/L2

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Updated European Union Guidelines on promoting compliance with international humanitarian law

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Law No. 103/2014 amending Law No. 504/2002 – The Audiovisual Act

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III. JURISPRUDENCE

Decision of the European Court of Human Rights in the case Groza v. Romania

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Decision of the European Court of Human Rights in the case Cristian Teodorescu v. Romania

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Decision of the European Court of Human Rights in the case Stelian Roșca v. Romania

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IV. SIGNAL

Olivia Florescu

International Human Rights University

Petru Emanuel Zlătescu

The 19th Congress of the International Academy of Comparative Law

Marius Mocanu

Skills matter

Mihaela Scarlat

The Annual Conference of the European Law Institute

Gheorghe Pârvan

European Union Agency for Fundamental Rights (FRA) Activities

Adrian Bulgaru

Participation in Secondary Education – a challenge for current policies in Romania - UNICEF

Daniela Albu

Human Development Report 2013 – United Nations Development Programme

Mihaela Scarlat

Equal Rights and an Accessible Environment, IRDO, 2014, 472 pages

Olivia Florescu

Irina Moroianu Zlătescu, Migration and law, IRDO, 2014, 63 pages

Teodor Lorenț

Rights of persons with disabilities in Romania. Recent developments, IRDO, 2014, 94 pages

Marius Mocanu

Life in a Wheelchair: from Isolation to Participation, Motivation Romania Foundation, Contraplus Publishing House, 2014, 51 pages

Carmen Năstase

Marius Petroiu, The right to Access Public Information. From Law to the Abuse of Authorities, 445 pages

Irina Moroianu Zlătescu

Mircea Duțu, Law: between theoretical aspects and global avatars, Academiei Publishing House, Universul Juridic Publishing House, Bucharest, 2014, 275 pages

Adrian Bulgaru

Jean-Claude Piris, The Lisbon Treaty. A legal and political analysis with a foreword by Angela Merkel, Cambridge University Press F.A., 426 pages

Petru Emanuel Zlătescu

Marianne Dony, Droit de L`Union Europénne (European Union Law), Editions de L`Universite de Bruxelles, 2014, 830 pages

Marius Mocanu

Marcela Stoica, European Union: an institutional approach, Pro Universitaria Publishing House, 375 pages

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V. REMEMBER

Remember

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