Drepturile omului

Nr.2 | 2025 | Vedeti revista aici



I. STUDII, CERCETARI, ARTICOLE

Monica Cercelescu

Paradoxul libertății de exprimare și instrumentalizarea justiției prin SLAPP

The SLAPP phenomenon is one of the most paradoxical forms of erosion of contemporary democracy by the use of legislation to limit the very freedoms it is supposed to protect. In the logic of “lawfare”, the law becomes a weapon and the procedure an instrument of intimidation. The process itself becomes punishment. This mutation generates a form of disguised judicial censorship, in which critical voices are silenced by cost, fear and exhaustion, not by explicit prohibitions. The “chilling effect” appears, which contracts the civic space and transforms democracy into an architecture with apparently democratic institutions, but with a weakened public voice.
Directive (EU) 2024/1069 marks the first normative recognition of public participation as a value that must be autonomously protected against procedural abuses. A comparative analysis of national responses (Ireland, Poland, Hungary) highlights the tension between European ambition and selective implementations. The Romanian draft shows a timid approach to the directive: extending protection to domestic cases is a real progress, but the optional nature of key guarantees and the lack of effective sanctions risk leaving the law without practical impact. The conclusion is that anti-SLAPP mechanisms can strengthen the democratic space only if they go beyond the declarative level and become real instruments against lawfare.

Keywords: SLAPP, freedom of expression, public participation, lawfare, censorship, defamation.

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Horia Mihai, Octav Lupu

Educația copiilor și tinerilor din România în contextul respectării drepturilor omului

The present study examines the Romanian education system through the lens of the international human rights obligations assumed by the Romanian state, focusing on how the structural deficiencies of this system generate systematic violations of the fundamental right to education. The methodology is based on the critical analysis of official data and their interpretation according to international human rights protection standards. 
The research identifies four main dimensions of the problem: child poverty as a determining factor in limiting access to education, school dropout as a direct manifestation of the violation of the right to education, massive discrepancies between participation at different educational levels as an indicator of the progressive loss of human capital, and the inadequacy of the education system to meet the contemporary requirements of social and economic development. 
The results demonstrate that these shortcomings are not isolated problems, but part of a systematic pattern of violations of fundamental rights, which require comprehensive reform based on the principles of non-discrimination, equal opportunities and respect for human dignity.

Keywords: right to education, school dropout, child poverty, educational disparities, social inclusion.

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Cornel-Andrei Tatu

Libertatea religioasă în jurisprudența CEDO: Tensiuni și asimetrii în aplicarea Articolului 9 vs. Articolul 10

This article examines the European Court of Human Rights’ 2022 judgment in Bouton v. France, where a protest staged by a FEMEN  activist inside a worship place was deemed a protected form of freedom of expression. The article examines the tensions between Articles 9 and 10 of the European Convention on Human Rights, highlighting the difficulty of maintaining a fair balance between religious freedom and freedom of expression in pluralistic societies. Attention is drawn to a potential double standard in the Etcher’s jurisprudence regarding the treatment of certain religious communities, particularly the Christian one, compared to other religious denominations. Through critical analysis of the Court’s reasoning and comparisons with relevant precedent, the paper argues that safeguarding religious symbols and the sanctity of places of worship is essential for social cohesion and mutual respect in a genuine democracy. The article advocates for a balanced interpretation of fundamental rights that resists the ideological misuse of freedom of expression.

Keywords: religious freedom, freedom of expression, ECHR case law, fundamental rights, religious pluralism, balance of rights.

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II. JURISPRUDENTA

Alina Petronela Moșneagu

Hotărârea Curții Europene a Drepturilor Omului în cauza ND împotriva Elveției

The judgment in the case of ND v. Switzerland is analyzed with reference to the autonomous assessment of the risk to the life of the person and the intervention of the State. The failure of the national authorities to fulfill the positive obligation to protect the life of the complainer from violence by her partner is addressed. The analysis of the case reveals a lack of sufficient coordination between the different services and gaps in the applicable domestic law as well as the impact on the legislation and implementation of the legal provisions in Romania from the perspective of preventing the risk of femicide.
The case concerns, from the perspective of Article 2 of the European Convention on Human Rights (ECHR), the positive obligation of the Swiss authorities to protect the life of the applicant against the actions of others, namely, in this case, the acts of kidnapping followd by eleven hours of seclusion, rape, ill-treatment and attempted murder to which the applicant was subjected by her partner, following the announcement of her intention to end their relationship.

Keywords: European Court of Human Rights, right to life, combating domestic violence, femicide, authorities, gaps in domestic law.

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III. RECENZII

Daniela Albu

Drepturile romilor și ale nomazilor în 13 țări europene (FRA, 2025)

The latest report by the European Agency for Fundamental Rights (FRA) shows that while there have been some improvements in housing and employment for Roma in Europe, significant challenges remain, including high rates of poverty, discrimination and segregation. The situation has worsened in terms of reporting discrimination, despite increased awareness of human rights institutions and increased trust in the legal system and police. No change has been observed in terms of segregation in education, gender equality in employment and housing overcrowding.
The report also presents a number of positive developments. These include the decreasing number of Roma facing poverty, less material deprivation, more Roma/Travellers trusting the police or the legal system in their country, more Roma/Travellers children participating in early childhood education, more Roma in paid employment and a narrowing of the gap between Roma and the general population in terms of life expectancy at birth. However, there are still areas where there are negative developments in terms of Roma access to fundamental rights. Over the past decade, Roma in all the countries studied have faced increasing levels of discrimination. This is true in general, but especially in terms of their access to certain socio-economic rights (education, employment, health and housing).

Keywords: discrimination, Roma/Travellers, fundamental rights, violence, education, poverty.

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Adina-Maria Nikolić

Reconsiderarea libertății de gândire în epoca inteligenței artificiale (OSCE, ODIHR, 2025)

The present policy brief is drawing upon the research and analyses conducted by international organizations and academic institutions on AI, neurotechnologies, and human rights, emphasizing the particular implications for the right to freedom of thought. It analyses the impact of emerging information ecosystems on the right to freedom of thought, as well as the prospective effects of AI-based neurotechnologies, which give rise to fundamental questions regarding the inviolability of individual mental autonomy. 
Furthermore, the document sets forth a series of recommendations for States to consider in safeguarding and ensuring the effective respect, protection, and fulfillment of the right to freedom of thought in the context of the digital age, while also aiming to serve as a foundation for further discussion on the initiatives and actions of ODIHR, participating States and other stakeholders.

Keywords: freedom of thought, artificial intelligence (AI), technology, human rights, digital age, safeguards.

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