Revista Drepturile Omului

Nr.1 | 2020 | Vedeti revista aici

I. STUDII, CERCETARI, ARTICOLE

Ioan Voicu

Global health, solidarity and multilateral diplomacy

Articolul este consacrat temei sănătății globale din perspectiva diplomației multilaterale, cu accent pe rolul solidarității în înfăptuirea dreptului la sănătate. Sunt analizate rezoluțiile Adunării Generale a ONU privind legătura dintre sănătatea globală și politica externă, precum și rezoluțiile pertinente ale Națiunilor Unite din 2020 privind COVID-19. O atenție specială este acordată evidențierii importanței solidarității și multilateralismului în procesul cooperării internaționale pentru materializarea dreptului fundamental la sănătate la nivel global.

Keywords: sănătate, solidaritate, diplomație, Adunarea Generală a ONU, rezoluție, COVID-19, cooperare, multilateralism, dezvoltare durabilă

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Maria-Beatrice Berna

Coordonate generale de cercetare în materia persoanelor strămutate

Although the international legal framework recognises and addresses the migration phenomenon by setting and strengthening standards and guarantees in favour of the population which is part of this phenomenon, displaced persons are a special category both from the perspective of their complex legal status and from the perspective of international and regional regulations. Addressing the migration phenomenon through specific strategies and plans does not imply, de plano, the analysis of the situation of displaced persons, which may have multiple interpretations. Characterising displaced persons as population subjected to forced migration is a perspective proposed by the International Organisation for Migration, and its usefulness is proved by the systematisation of international initiatives in the field. The international community, although aware of issues deriving from the status of displaced persons, superfluously addresses the subject – through rhetorical programmatic documents or by stating guiding principles belonging to soft law. The underrepresentation of displaced persons in international regulations leads to the minimisation of the importance of issues of the rights of displaced persons in the international official discourse. Thus, systemic, and structural shortcomings are created and maintained regarding the situation of displaced persons and improvement requires action taken at the level of local and regional communities. Recognising the negative consequences of the lack of a coherent approach to the issue of displaced persons, the African community has developed and implemented mandatory regional standards in the field, the Kampala Convention being representative in this regard. In this paper, we highlight elements specific to the protection of displaced persons, by presenting shortcomings as well as positive actions taken at regional and international level.

Keywords: migration, displaced persons, refugees, guiding principles, Kampala Convention

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Georgeta Stoican

Violența domestică sau violența în familie? Necesitatea unei reglementări unitare în ceea ce privește principalele instituții din domeniul violenței domestice

Constantly concerned with the alignment of national legislation with the requirements of international and European regulations, the legislator has made substantial changes in terms of fundamental notions regulated by Law no. 217/2003, on preventing and combating domestic violence. However, the successive amendments did not take into account a correlation of the institutions regulated by the law on domestic violence or with the provisions provided by the criminal law criminalising domestic violence. Thus, confusion regarding the used terminology, especially in defining the nature of violence, such as domestic violence or family violence, still exists. We believe that in order for the law to be a useful and effective tool in preventing and combating the phenomenon of domestic violence, a terminological and regulatory correlation is required.

Keywords: domestic violence, family violence, family member, legal definitions, unitary regulation, terminology correlation

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Vișinel Costel Bălan

Analiza impactului social al ieșirii din îngrijire în ultimii 10 ani în România

This paper analyses the social impact following the leaving from care of young people for whom the measure of special protection was revoked or has expired after reaching the age of 18, respectively of young people preparing to leave care in the next two years. The article al so presents the perspective of the specialised staff within the child protection directorates at national level. In this regard, we presented the way in which the authorities have managed and will manage the next generations of young people who are preparing to leave the special protection system. At the same time, the article analyses the perception of young people about their experiences after having left care. The methods of investigation used for this article were interviews, observation and qualitative case study. The qualitative research method we used is focused on understanding the situation of young people after the revocation of the special protection measure. The actions of the involved actors are insufficient to tackle/solve the issues of young people following the end of special protection measures. The General Directorate of Social Assistance and Child Protection, the main responsible body, has proved a faulty involvement in applying sustainable social policies to protect those who no longer benefit from special protection measures.

Keywords: revocation, special protection measure, social impact, leave care

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Andreea Moroianu

Drepturile omului în era inteligenței artificiale

The use of artificial intelligence has an impact on the fulfilment of fundamental human rights and freedoms. The regulation of AI systems and algorithms is one of the main priorities of international and regional human rights bodies. Given the increasing use of these technologies, it is essential to consider issues such as the right to privacy, confidentiality and responsibility in case of human rights violations. This paper refers to a series of documents issued by the UN, EU and the Council of Europe in order to establish a framework for the development and implementation of AI systems. A human rights based approach allows all stakeholders to participate in the creation and definition of principles representing the foundation of AI regulations.

Keywords: right to privacy, artificial intelligence, confidentiality, data processing, non-discrimination

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II. JURISPRUDENTA

Marius Mocanu

Hotărârea Curții Europene a Drepturilor Omului în cauza Aftanache împotriva României

In the interpretation of the European Court of Human Rights, the observance of the right to life provided by Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, requires states to comply with several positive substantive, and procedural obligations. In the case Aftanache v. Romania, the European Court of Human Rights examined, in the context of medical care, the state's compliance with the procedural obligation to conduct an independent, adequate, prompt, thorough, and effective investigation into allegations of medical negligence, so that those responsible to be held accountable and victims to be compensated. The Court considered that national authorities failed to carry out a proper investigation into the incident analysed in this case and found a violation of Article 2 of the Convention.

Keywords: right to life, right to liberty and security, positive procedural obligation, medical care

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III. RECENZII

Daniela Albu

Abordarea normelor sociale – schimbare de paradigmă privind inegalitatea de gen: perspective ale dezvoltării umane 2020 (PNUD, NEW YORK, 2020)

The UNDP report published in March this year proposes an original and innovative approach to combating gender inequality. Based on the idea that today`s society still places women in a glass cage, the authors of the report reveal that it is not glass out of which it is built, but prejudices about women perpetuated over time. What is worrying is the fact that both men and women around the world manifest these reluctances and prejudices. The authors of the report take a new perspective on why there are still power gaps between men and women in countries` economies, political systems and corporations, despite real progress in combating gender inequality in areas such as education, health and removing legal barriers through the political and economic participation of women, and suggest how we can reinvent social norms for the benefit of all. The report focuses on a new indicator for measuring social norms and customs that obstructs or affects gender equality in politics, employment and education - an indicator that experts have called The Gender Social Norms Index (GSNI). This index shows that progress on gender equality has slowed in recent years. Data were collected from 75 countries (including Romania). In calculating the index, the political, educational, economic and physical integrity dimensions were taken into account (where there is a risk of violence). Issues such as the decision-making power and representation in politics of women vs. men, educational ability, the economic aspect of employment, as well as abuses against women are also tacked.

Keywords: UNDP, combating gender inequality, The Gender Social Norms Index, prejudices, social norms, empowerment, women in decision-making, women`s representativeness

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Adina – Maria Nikolić

Înțelegerea infracțiunilor motivate de ură antimusulmană – abordarea nevoilor de securitate ale comunităților musulmane: ghid practic (Biroul OSCE pentru Instituții Democratice și Drepturile Omului - ODIHR, VARȘOVIA, 2020)

The analyzed guide addresses the security needs of Muslim communities and the security challenges they face, by providing practical solutions for governments and stakeholders to prevent and combat hate crimes, to develop effective and comprehensive responses to hate crimes and to support the victims. It also approaches topics such as the underreporting and under-recording of hate crimes against Muslims, encouraging wider analysis and research, advocacy and awareness-raising campaigns, as well as promoting communication and collaboration between local officials and members of Muslim communities, involving the civil society. Touching the educational aspect, the document also provides case studies, a short guide to Islam addressed to police officers and even context for specific terminology.

Keywords: Anti-Muslim hate crimes, intolerance, bias, Muslim communities, security needs, Islam

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