Human Rights Journal

No.1 | 2021 | See the journal here

I. STUDIES, RESEARCH, ARTICLES

Ioan Voicu

Significance of the International Year of Peace and Trust (2021)

This article aims to highlight the political, diplomatic, and legal significance of proclaiming the year 2021 as the International Year of Peace and Trust. It provides an analysis of the resolution of the United Nations General Assembly on this matter, and it emphasizes the role of the Security Council in promoting peace as the highest value of humanity. The paper also notes the contributions of certain international organizations, such as ASEAN, in promoting peace and strengthening trust among nations. It also presents the negative impact of covid-19 on international cooperation.

Keywords: international year, peace, trust, United Nations, resolution, cooperation, solidarity, ASEAN, diplomacy

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Mikayel Khachatryan, Harutyun Voskanyan

Nagorno-Karabakh War and Humanitarian Crisis: Legal and Political Implications for the International Community

The ceasefire agreement among parties after 44 days war in Nagorno-Karabakh has not created a fertile ground for the foundation of sustainable peace. The lack of an international investigation into the waged war against people of Artsakh and military crimes during and after the war leaves no chance for the confident coexistence of the Armenian and Azerbaijani communities until the final resolution of the Nagorno-Karabakh dispute. The Armenian side continues to hope for a fair and objective judgment of the international community regarding the investigation of crimes against humanity and strives to restore the format of peace talks, particularly within the framework of the Minsk Group of the OSCE on the Nagorno-Karabakh conflict until the final settlement of the status of the Republic of Artsakh. The paper aims to bring together the records on violations of humanitarian international law committed by Azerbaijan during and after the war in Karabakh. The paper will pay particular attention to the importance of international investigation of war crimes and atrocities committed against humanity during the last Karabakh war. This analytical study will help to understand the importance of strengthening the efforts of the international community in post-war reconciliation mission, international fair justice and further negotiations on a peace settlement, particularly in the format of the OSCE Minsk Group, which proceeds from the interests of Armenia, the people of Artsakh and the international community. Otherwise, the results of the war will be capitalized and geopoliticized by Russia and Turkey on behalf of their both economic interests and wide integration ambitions between Russia and Azerbaijan at the expense of Armenian interests. The rehabilitation of the OSCE peace talks will provide an opportunity for the co-chair countries - France, Russia and the United States - to make a joint contribution to balancing regional players, reaffirm their importance in global affairs and reach a final settlement of the conflict.

Keywords: Nagorno-Karabakh conflict, war, crime, OSCE, international community

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Claudiu Coman, Maria Cristina Bularca, Silviu Gabriel Barbu

The Matter of Human Rights in the Context of the COVID-19 Pandemic

The COVID-19 pandemic has generated many changes in the way people used to carry out their lives. In order to protect people`s health and overcome the crisis, governments implemented specific measures that reflected negatively on fundamental human rights. Thus, in this paper we provide a literature review on the impact of measures implemented by countries on human rights, and we argue that in the attempt to ensure the right to health, other rights of people were neglected and restricted. In this regard, the paper addresses the subject of limiting the right to freedom, the right to education, the right to participate to cultural life, and we also describe the issue of the vaccine prioritization process that raises questions related to the discrimination of certain people. The paper also highlights the fact that, even if countries tried to promote prosocial behaviour and encourage people to be willing to get vaccinated, by offering benefits to vaccinated people, individuals who refused the vaccine were discriminated. Therefore, by emphasizing the way the measures implemented by countries restricted people`s rights, the paper draws attention to the fairness and equity of such measures and also supports the idea that even in special situations like the ones generated by a pandemic, governments should elaborate response strategy plans meant to protect human rights, not limit them.

Keywords: human rights, pandemic, vaccination prioritization, freedom, education, cultural life,

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Loredana-Marcela Trancă, Cristina-Ramona Cozmoiu

Social Perspectives regarding Voluntary Return Migration on Families in Western Romania

This paper highlights some aspects that characterize families returning from abroad after more than eight years of residence. In the first part of the paper, an analysis of the literature on the return migration and its effects on families and children in Romania is made. The second part presents a study, conducted during February-June 2020, analysing the social impact of return migration on families and children in western Romania. The research is a qualitative one, in which the semi-structured interview method is used. The study participants were 22 people from western Romania, who returned from different countries such as Italy, Spain, France, Greece, and Canada. The results of the research revealed the following: expectations of the country in which they immigrated are classified into economic and social. The length of stay was influenced by the confirmation of expectations, which made study participants spend more than eight years abroad. They formed a social network both at work and in other activities, such as leisure or hobbies. The longing for home and family and the desire for their children to study in Romania led them to make the decision to return to the country of origin

Keywords: return migration, social support network, adaptability, difficulties, Romania

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Vișinel Costel Bălan

Perception Analysis of Transitional Plans for Young People in Placement and Residential Centres at National Level

This paper is based on a research on transitional mechanisms/plans in which young people under the special protection measure in placement and residential centres at national level participated. The author also presents an empirical analysis of the experiences in placement and residential centres at national level. Young people's perception of leaving care is not only presented from a quantitative evidence, but also from a qualitative perspective through direct interaction with young people and decision makers. At the same time, the paper presents an analysis of the future generations of young people under special protection in foster and residential care who will leave the system in the upcoming years, and how prepared they feel for a new stage of life, that of being independent. Interviews, observation and questionnaires were used as methods of investigation, and in terms of research method, a quantitative research is at the basis of the paper, which is focused on the perception of young people after the revocation of the special protection measure.

Keywords: leaving care, transitional plans, monitoring, placement centres

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Andreea Moroianu

Elements on Artificial Intelligence, Democracy, and Fundamental Rights

Artificial intelligence has become an important part of our lives. Whether conscious or not, we are using it on an everyday basis and some of us are modelling it by feeding data. Artificial intelligence systems are part of the technological advancement, but, at the same time, they are a mirror of societies. They can be used both in a beneficial and non-beneficial way. In order for artificial intelligence systems to respect human rights it is necessary to understand which the potential risks of AI are and to make sure to regulate its uses appropriately. Moreover, we have to learn what AI can do and how in order to grasp its true power. This paper seeks to provide a short insight on how AI systems can influence democracy, taking into account how social media and law enforcement affect our lives.

Keywords: AI systems, democracy, law enforcement, social media, misinformation, bias

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Viorela Togan

The Role of Culture and Education in Combating Violence

Some emotional conflicts are easy to identify, but others originate in the early years of childhood, when we learn to respond to challenges in various ways. Therefore, human development is a delicate and equally extremely important subject. What, though, makes people different? Researchers study individual differences in developmental characteristics, influences, and outcomes. People are different in height, weight, sex, health and energy level, temper and emotional reactions, character and personality. The contexts in which they live - family, community, relationships, schools and leisure - are all different. In short, everyone's personality depends on heredity, environment, growing-up and maturation. This study delves into aspects of human development by analyzing how heredity and the environment interact, identifying developmental elements that may or may not depend on maturation, and investigating the family influences that shape the personality and evolution of the child and future youth.

Keywords: adaptation, anticipation, development, children and adolescents, the role and influence of the family, mechanisms that ensure mental balance, personality development

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II. CASE-LAW

Maria-Beatrice Berna

Decision of the European Court of Human Rights in the Case of Epure vs. Romania

The subject-matter of the case calls into question the fundamental value of human dignity and its protection in conditions of detention. The central element of human dignity analyzed in the case of Epure vs. Romania is to ensure the mental balance of individuals, who suffer from mental health disorders, serving a custodial sentence by providing appropriate medical measures. One of the key issues discussed in this case concerns the correct way of establishing the general framework for the execution of custodial sentences: by taking into account the particularities of people suffering from mental disorders so their vulnerabilities are addressed through complex medical strategies by the authorities of detention centers.

Keywords: torture, inhuman or degrading treatment, right to health, appropriate measures, positive obligations, negative obligation

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III. REVIEWS

Daniela Albu

“Crime, safety and victims` rights – Fundamental Rights Survey”, Report of the European Union Agency for Fundamental Rights (FRA, 2021)

On 19 February 2021, the European Union Agency for Fundamental Rights issued the Report „Crime, safety and victims` rights – Fundamental Rights Survey”. The document is a guide for politicians, legislators and governments for fulfilling the commitments assumed in view of ensuring the victim`s safety. The Report analyzes the respondents` experiences as victims of violence, harassment and property crimes. 35,000 persons were interviewed (including Romanian citizens). The frequency of reported crimes to the police is also analyzed in the Report. In line with the first EU Victims` Rights Strategy 2020-2025, the FRA Report recommends that Member States take steps to encourage those who have experienced violence and harassment in any form, to report abuses more frequently in order to have fair access to justice. The Report highlights among other forms of violence that harassment against youth and hate speech are on the rise.

Keywords: crimes, victims` rights, safety, harassment, theft, consumers` rights, hate speech

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Andreea Moroianu

Global Report on Ageism, World Health Organisation (WHO, 2021)

This year, the World Health Organization published the first global report on ageism. The report analyses how ageism is manifesting, analysing its impact on older people as well as younger people. This first report outlines a number of potential strategies to combat the phenomenon, focusing on participation and human rights. It also raises issues of intersectional discrimination faced by certain categories of older people and the importance of combating age-related misconceptions. At the same time, it stresses the importance of improving the data collection and analysis system in order to gain a broader view of the phenomenon of age discrimination.

Keywords: ageism, World Health Organisation, global report, ageing, strategy

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