"Human Rights" Journal

No.1 | 2016 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Laurențiu Șoitu

Continuing education - a right for each and responsibility for all

Lifelong learning is defined on the one hand, from the historical perspective of educational policies, and on the other hand as a key element in ensuring human rights. Education needs are analysed for all ages and through the whole life, from the perspective of UNESCO documents – from Conference 1949, Helsingör to CONFINTEIAVI, Belem, Brazil –, and Agenda 2030. The whole approach emphasizes and supports the idea that lifelong learning is a right of every person and the duty of all to guarantee this because through lifelong education premises ensures the survival of the human being.

Keywords: continuing education, lifelong learning, need of education, Agenda 2030

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Ioan Voicu, Florina Voicu

The United Nations and the third age

The article aims to examine the contribution of the United Nations (UN) to the promotion and protection of the rights of older persons. After some preliminary considerations, the efforts of the world organization to promote the rights of the elderly, as well as the place that the specific issue of the elderly should have in the context of sustainable development, are presented chronologically. Relevant aspects of the existing possibilities to put into practice the objectives of a successful crossing of the third age are further mentioned. It also analyses the limited ways of action currently available for the promotion and protection of the rights of older persons, as well as their legitimate expectations in the light of the objectives set out in the document ”Transforming our World: the 2030 Agenda for Sustainable Development”. The initiative of some states regarding the elaboration of a universal legal instrument for the elderly is studied and the need for urgent and increased efforts is highlighted in order to make progress in a field in which a new definition of the phenomenon of ageing is required for the future.

Keywords: UN, European Union, population, third age, older persons, ageing, longevity, rights, promotion, protection, agenda, sustainable development, strategy, globalization, universality

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Irina Moroianu Zlătescu, Monna-Lisa Bellu Magdo

Codification in the 21st century: the New Romanian Civil Code

The new Civil Code seeks a major recodification reform, which reflects the national legal tradition and culture, through continuity, associated with the conceptual and regulatory framework of Romanian realities and the general trend of emergency with European law, in the context of globalization. The study analyzes a series of aspects introduced by the New Civil Code, starting from the new approach of commercial law institutions, a reconsideration of the institution of trade and merchant, which defines the concepts of enterprise and professional, to elements of personality rights, personal attributes and the exercise of its right to self-determination, and the means of defending non-patrimonial rights.

Keywords: coding, New Civil Code, private law, patrimonial rights, non-patrimonial rights, personality rights, the legal matrimonial regime, filiation

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Silviu Gabriel Barbu, Vasile Coman

Aspects of constitutionality regarding the regime of evidence in criminal trials

The work deals with one of the amendments contained in the draft law of 2014 on the revision of the Constitution, regarding the permission to use unlawfully obtained evidence in criminal proceedings, if they are in favor of the accused, by completing in this sense Art. 23 of the Constitution with a new paragraph, Para. (131). The Constitutional Court, by Decision no. 80 of 16 February 2014 declared this completion unconstitutional by the reference on the use of evidence gathered unlawfully, because it infringes the limits provided by article review. 152 Para. (2) of the Constitution.

Keywords: evidence in criminal proceedings, Constitutional Court, review of the Constitution, due process

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Mihai-Bogdan Marian

Social contract and the human rights issue in the context of post-modernity

The common origins which the contractual theories share with human rights issues, both emerged at the turn between the Middle Ages and modernity which reveals that they come to make sense and meaning only some by others. Throughout the Middle Ages– modernity – post modernity substantive issues that have constituted the initial landmarks for contractual theories and regulation of human rights, such as sovereignty, nationality and citizenship, the traditional family, the nation, the state etc. have undergone a long process of transformation and redefinition. Thus, in light of new realities, the question arises how the contractual theories themselves would be redefined together with the human rights issue, so that they should not end up as mere form without content.

Keywords: social contract, human rights, Middle Ages, modernity, post modernity

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II. ROMANIAN INSTITUTE FOR HUMAN RIGHTS ANNUAL REPORT

Romanian Institute for Human Rights Annual Report - 2015

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III. JURIDICAL DOCUMENTATION

Report on the evolution of human rights legislation in the European Union and in Romania – 2015

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The Jurisprudence of the European Court of Human Rights on the right to respect for private and family life

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IV. JURISPRUDENCE

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

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V. SIGNAL

European Action Week Against Racism, 12-21 March, 2016, March 21st - International Day for the Elimination of Racial Discrimination

Olivia Florescu

World Water Day 2016

Daniela Albu

Activities of the Fundamental Rights Agency, January-March 2016

Gheorghe Pârvan

Irina Moroianu Zlătescu, Adrian Bulgaru, European and Euro-Atlantic Organisations, Pro Universitaria Publishing House, Bucharest, 2016

Marius Mocanu

Coordinated by: Emil Bălan, Cristi Iftene, Marius Văcărelu, State Reform. Institutions, preocedures, public administration resources, Wolters Kluwer Publishing House, Romania, 2016

Ioana Anca Iancu

Anamaria Groza, European law issues. Principles. Directives. References for preliminary ruling. Commented Romanian case-law, C.H.Beck Publishing House, Bucharest, 2015

Mihaela Scarlat

Flavius-Iancu Moțu, The action for annulment of fraudulent acts, Universul Juridic Publishing House, Bucharest, 2015

Ioana Anca Iancu

Manuela Sîrbu Diana Monica Croitoru-Anghel, Alternative Dispute Resolution. Conflict mediation, Universul Juridic Publishing House, Bucharest, 2015

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VI. REMEMBER

Remember

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