Drepturile omului

Nr.2 | 2024 | Vedeti revista aici



I. STUDII, CERCETARI, ARTICOLE

Mihaela-Corina Bucur

Instrumente pentru protecția internațională a drepturilor femeilor

Despite the evolution of society, discrimination against women continues to manifest itself by limiting their political, economic, social, cultural, and civil rights and freedoms, thereby violating the fundamental human rights principle of equality between women and men. Furthermore, serious forms of violence still persist such as: domestic violence, sexual harassment, rape, forced marriage, so-called ”honor” crimes, femicide, feminicide and genital mutilation, women being much more exposed to gender-based violence, with domestic violence particularly affecting them in a disproportionate manner. The promotion and protection of women’s rights have been the subject of public international law regulations since the 20th century. The process of affirming women’s rights at the international level has been long and arduous, beginning with the declaration of principles by various movements in different countries, and evolving into the development of international regulations under the auspices of the United Nations. Measures to promote equal opportunities between women and men have begun to yield initial results; however, there is a pressing need to refine the system for protecting victims of domestic violence, particularly through increased public awareness and the provision of necessary resources to effectively carry out protection activities for individuals who have suffered abuse. The controversial positioning of women’s rights within the broader framework of human rights is also reflected in the evolution of European and international documents and agreements through which women’s rights have been established, and violations of these rights have been condemned globally by international bodies and organizations, including the United Nations.

Keywords: discrimination, gender-based violence, equality, the condition of women, fundamental rights and freedoms, public international law

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Vișinel Costel Bălan, Maria Roth

Compensații morale și financiare pentru supraviețuitorii orfelinatelor

Researchers’ interest in the experiences of survivors from orphanages in Romania has grown considerably, emphasizing the profound impact these institutions had on abandoned children and, by extension, on society. Beyond the social challenges, this issue is closely intertwined with social policies and national legislation, having deep historical and cultural significance. Individual memory plays a crucial role in reconstructing the past and advancing social justice, with recent studies focusing on the psychological traumas endured by survivors after 1960, as well as the ways in which they shape their identities and reintegrate into society.

Efforts to uncover the traumas of the past are crucial not only for supporting survivors but also for educating society on the importance of upholding children’s rights. Romania has a moral obligation to confront its past with clarity in order to promote restorative justice and ensure a more equitable and responsible future for all generations. These initiatives can contribute tothe social and emotional reintegration of those affected, restoring their dignity and providing them with a new opportunity in life.

Keywords: survivors of child protection institutions, restorative justice, childhood violence traumas Museum of Abandonment, moral compensations, financial compensations

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Claudiu Mihail Roman, Venera Bucur, Alexandra Marilena Mioc

Traficul și consumul de droguri din perspectiva respectării drepturilor omului

With the fall of communism and the emergence of new social phenomena, drug trafficking and consumption began to become visible in Romania as well. The continuous increase in the standard of living in Romania, especially after the accession to the European Union, associated with the ignorance of some aspects regarding the consequences in terms of health and individual well-being, have caused a number of young and less young people to become frequent or occasional drug users. The statistics of the National Anti-Drug Agency are relevant in this. In addition to the classic legal aspects and health, respectively social and individual well-being, there are also aspects related to human rights violations. Drug trafficking and consumption are flagrant violations of human rights due to the consequences they cause on an individual, family and community level.

Keywords: drug trafficking, drug consumption, human rights, social services

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Adrian Toma, Geanina-Ștefana Moțățeanu

Forme ale discriminării împotriva cerșetorilor și persoanelor fără adăpost

This paper presents an argument for the necessity of intervention in marginalized areas of society, where individuals encounter discrimination, social exclusion, and stigmatization. As a result, they are unable to exercise the rights guaranteed by the Romanian Constitution. The underlying causes of this situation stem either from the socially conditioned deterioration of the individuals’ personal circumstances to a degree that prevents them from exercising their rights, or from the severe challenges posed by their environment – such as for beggars or homeless individuals – where the state’s institutions fail to ensure the minimum conditions required for survival.

The research focuses on thirty-two fundamental rights and freedoms enshrined in the Romanian Constitution, examining how these rights are realized in the interactions between the most impoverished members of society and various state institutions, such as: law enforcement agencies, social workers, medical personnel, tax authorities, local public administration entities, as well as the business sector and host communities. The study finds that, in the case of twenty-three of these fundamental freedoms, there are significant limitations on the exercise of human rights.

Keywords: social abilities, logistics of law, negative profiling, lacunary insertion

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II. JURISPRUDENTA

Loneta-Honorina Gavrea

Hotărârea Curții Europene a Drepturilor Omului în cauza S.C. Zorina Internațional S.R.L împotriva României

The European Court of Justice, in case 15553/15, issued a ruling regarding the administrative sanctioning of a commercial company that violated national legislation regulating the obligation for economic operators to use electronic fiscal devices and the framework for implementing this obligation. The company failed to issue fiscal receipts for a small amount, for which the national legislation in force at that time prescribed cumulative and strict sanctions: a substantial fine and the suspension of the company’s activity for a period of three months. The referral to the Court regarding the contested interference fell within the scope of analysis of the second paragraph of Article 1 of Protocol 1 concerning measures “to regulate the use of property” and with regard to the fine “to ensure the payment of taxes or other contributions or fines”. The Court’s assessment of whether the national authorities ensured a fair balance between the general interest, on the one hand, and the respect for property rights, on the other hand, was made by a majority vote, six to one. It was concluded that there was no violation of Article 1 of Protocol No. 1 of the European Convention on Human Rights. However, the minority opinion opened a new perspective in the judicial approach to such cases, namely whether it is reasonable for the national legislation of the Convention’s signatory member states to impose excessive sanctions for the commission of a minor administrative offense, and what the limits of such an approach should be.

Keywords: property, commercial activities, sanctions, fiscal receipts, tax inspection, law

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III. RECENZII

Adina-Maria Nikolić

„Rasismul structural și instituțional în Europa: o analiză comparativă în 8 state membre ale Uniunii Europene. Probleme cheie și recomandări de politici (2024)”

Racism does not always manifest in the form of overt acts such as racial violence or hate crimes, which are visible, explicit, and easily identifiable. Rather, it is deeply embedded within the very fabric of society, operating through the structures of social, economic, and political institutions. This systemic form of racism results in unequal treatment and perpetuates ongoing disadvantages. The current report examines these widespread systems of inequality, which affect both individuals and particular communities at a structural and institutional level, specifically focusing on structural and institutional racism. Its purpose is to analyze the situation in eight EU member states (Czechia, Germany, Greece, Latvia, the Netherlands, Romania, Spain, and Sweden), to present an overview of the current state of affairs, and to provide a preliminary set of recommendations for both national and European authorities.

Keywords: racism, discrimination, inequality, policymaking, minorities, community

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Daniela Albu

„Raportul ONU privind promovarea și protecția drepturilor omului în contextul schimbărilor climatice.”

The Special Rapporteur on the promotion and protection of human rights in the context of climate change, Elisa Morgera, prepared a Report on access to information on climate change and its impact on human rights in July 2024. The report was presented at the 79th session of the UN General Assembly.

The report highlights the challenges and good practices related to access to information on climate change and human rights and clarifies the international obligations of states, recommending the strengthening of international cooperation which  can increase public awareness and participation. By ensuring access to credible and transparent information, the states should  give the opportunity to every citizen to adapt and manage extreme situations in a timely manner.

The responsibility of the business environment in preventing negative effects that some development projects could have on the climate and human rights is also highlighted.

The report aims to inform on the interpretation and implementation of the Paris Agreement on climate change. It is stressed that Member States must take on their climate change obligations, as well as the Glasgow Climate Action Work Programme. Last but not least, it recalls the importance of achieving at global level Sustainable Development Goals 13 (climate action) and 14 (life below water) of the 2030 Agenda to which Member States adhered in 2015.

Keywords: climate change, human rights, mitigation and adaptation, business responsibility, sustainable development goals, international cooperation

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