"Human Rights" Journal

No.4 | 2016 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Ioana-Cristina Voroniuc

Specific aspects regarding the competence of the European Court of Human Rights

The European Court of Human Rights was established with the purpose to create an instance that is independent from the political will of states, a single jurisprudential system that allows any person to address to the Court and to obtain the elimination of any interference from the part of the States with regard to human rights. The review by the Court is thus subsidiary aiming to preserve Europe's cultural diversity, and to maintain the identity of nations. The Court decides observing the true European constitution: the European Convention on Human Rights. Beyond its international quality, the Convention has the specific nature of supranational bodies. An objective juridical system based both on international legal order as well as on internal constitutions is implemented through the European Court of Human Rights.

Keywords: European Convention on Human Rights, European Court of Human Rights (ECHR) case law, competence, jurisdiction

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Irina Moroianu Zlătescu

Human rights priorities at European level

In support of the European Union’s commitment to guarantee the rights laid down in the Charter of Fundamental Rights in the European Union, the European Union Agency for Fundamental Rights (FRA) was created. The Agency will soon celebrate ten years of existence. The multiannual objectives 2017 – 2019, are aimed at strengthening the competence of the Agency for legal and policy lawsuits at EU level, to improve response to requests for opinions and viewpoints in a timely and competent manner and to enhance coordination with the European Commission, the European Parliament and Council of the European Union. In addition, one of the FRA priorities is the strengthening of national connections since several initiatives were launched in this regard, to strengthen the Agency contribution to the Member States and the European Union.

Keywords: European Union, the Charter of Fundamental Rights in the European Union, European Union Agency for Fundamental Rights, multi-annual framework programme, objectives

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Anca Ioana Iancu, Gheorghe Iancu

Legal, political and economic implications of Brexit

The referendum on leaving the European Union triggered substantial political consequences that have generated on their turn other economic and legal consequences. Brexit would create adjustment problems in many areas, not only for the UK but also for the European Union member states and especially for those with full membership rights. Likewise, it is almost impossible to analyze only the legal implications of Brexit without its links with the political and economic foundations of such implications. Procedure laid down in art. 50 of the European Union Treaty, which will take about two years from the date a Member State officially notifies the European Union that it wants to leave the Union, would allow the negotiation of a new agreement between Britain and the European Union but such a negotiation is not mandatory.

Keywords: Brexit, European Union, UK referendum, economy, freedom of movement, non-discrimination

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Elena Roxana Vișan

Education for values through human rights and fundamental freedoms

The genesis of education is to be found in the Roman mythology embodied by Edulica the goddess, a symbol of the responsibility in raising and feeding the children during the ancient times. By springing out from the symbolism and the etymology of the Latin educo / educere, one idea has transgressed throughout the centuries: that education has been the cultural and the spiritual food for the entire human evolution in the sense of pulling the man out of his natural shell state and consequently shaping, developing and maturing the fundamental core of his physical, psychic, moral, aesthetic, cognitive, affective and volitional being. The education of the human being has gradually evolved over time having as starting point the human value, regarded as the quintessence of all human qualities that usually generate appreciation for the qualities of a human being as a universal actor implied in the defining and the recognition of his or her „inherent dignity and of that of the human family members, in their equal and inalienable rights". In this respect the human rights have been established and forwarded by their very own nature, independent of any forces that might have influenced them. In the evolution of human society and of education, they have constituted themselves as a science of human rights rooted in values such as freedom, equality, justice, tolerance, solidarity and responsibility under the protection and the requirements of the law.

Keywords: science of human rights, education for values, equal opportunities, sustainable development objectives, educational freedom, the right to education, principles

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Ioan Zonga

Environmental asylum seekers

The UN Convention on Refugees was formally adopted on July 28, 1951 to solve the refugee problem in Europe after World War II. This international Treaty defines a refugee as a person with a well-founded fear of persecution for reasons of race, religion, nationality, membership to a particular social group or political opinion. From the definition presented it results that it does not specifically refer to people living in certain areas that are affected by global warming changes. Climate change is a major threat to the states` security and it will continue to pose a threat in the not too distant future. For this reason, it may affect up to disappearance entire communities in Asia, Australia, Oceania, Central America, Africa and especially the Pacific. Changes from global warming and desertification, water scarcity, drought, earthquakes or floods will force many people to leave the southern hemisphere of the planet increasingly affected by climate change and take refuge in the northern hemisphere of the planet. Long term weather changes will encourage farmers, fishermen and herders to go away from affected areas, especially those in rural areas and to move to urban areas.

Keywords: asylum seekers, climatic changes, international protection, refugees

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Alexandra Bucur

The right to protection in the current international context

The study presents aspects of international protection. Protecting persons is primarily the responsibility of states. The need for protection comes after some strong abusive reasons occurring in the home state. Due to the unlawful treatment, in violation of fundamental rights and freedoms, people are entitled to a form of protection granted by another jurisdiction.

Keywords: international protection, human rights, non-refoulement principle

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II. ROMANIAN INSTITUTE FOR HUMAN RIGHTS ANNUAL REPORT

RIHR – Annual report for the year 2016

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III. JURISPRUDENCE

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

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

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IV. SIGNAL

Mihaela Scarlat

International Day of Older Persons

Marius Mocanu

The spiritual dimension of human rights. Education for values

Olivia Florescu

United Nations Day – 2016

Olivia Florescu

International Day for the Elimination of Violence Against Women – November 25, 2016

Olivia Florescu

International Day of Disabled Persons

Daniela Albu

Human Rights Day

Daniela Albu

European Union Agency for Fundamental Rights 2016 publications

Mihaela Scarlat

Vlad Zamfirescu, Sample application and legal action forms, 2nd edition, Trei Publishing House, Bucharest, 2015

Luiza Moldovan

Petre Buneci, Ilie Dumitru, Social Criminal Law, Universul Juridic Publishing House, Bucharest, 2016

Carmen Năstase

Claudiu Ignat, Types of protection and promotion of human rights: Mediation and the Ombudsman, Universitară Publishing House, Bucharest, 2016

Luiza Moldovan

Dana Barbu, Handbook on the rights of the child in Romania for parents, Integral Publishing House, Bucharest, 2016

Luiza Moldovan

Eduard Constantin, Offenses against life in the new Criminal Code, Universul Juridic Publishing House, Bucharest, 2016

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V. REMEMBER

Remember

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VI. TABLE OF CONTENTS

Table of contents – 2016

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