Human Rights Journal

No.2 | 2022 | See the journal here

I. STUDIES, RESEARCH, ARTICLES

Horia Mihai

Poverty – A Form of Violation of Human Rights

The aim of this article is to outline the link between poverty and the variables associated with this social issue, access to public services and human rights. There is a strong link between the three aspects, given that individuals who are not able to meet their basic needs, or the ones who are at risk of poverty are more likely not to value the rights and freedoms they could enjoy. The perceived usefulness of certain rights decreases when individuals are not able to enjoy them for various reasons: lack of resources, poor education, or difficult access to public services. Ascribing value to abstract aspects such as human rights implies, first and foremost, the ability to grasp conceptual and ideal notions that transcend local culture, traditions, or customs of a particular community. The development of such perspectives implies a sustained effort to reach a relatively high civilisational threshold.

Keywords: life quality, poverty, social assistance, social exclusion, marginalisation

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Alexandra Mihoc, Mona Vintilă

On the Rights of Oncologic Patients in Romania

Cancer is a chronic disease characterised by an abnormal, chaotic growth of cells at the level of a particular organ or tissue. The most recent statistical data show that oncological diseases are the second leading cause of morbidity and mortality both worldwide, and in Europe, with estimates exceeding 2.7 million new cases and over 1.3 deaths in European countries, in 2020. In order to receive the best quality of care and the best treatment in our country, oncological patients need to know their rights in the context of cancer patients and what benefits should be offered to them throughout their cancer trajectory. The National Plan for the Prevention and Combating Cancer is the most recent law adopted in our country on 3 November 2022, which provides a plan through which our country can fight against neoplastic diseases. The National Plan targets four areas of action, namely: prevention, early detection, diagnosis and treatment and improving quality of life.

Keywords: cancer, oncologic patient, patients’ rights, National Plan for the Prevention and Combating Cancer

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Vișinel Bălan, Răzvan Bădău

Concrete Measures for The Protection of Abandoned Children

This article is an overview on the perspective of leaving care for young people who have reached the age of 18, taking into account the legislative changes introduced by Law No. 191/2022 amending and supplementing Law No. 272/2004 on the protection and promotion of children’s rights. The analysis also highlights the relevance of education for young people in care who are about to reach the age of majority but wish to continue their education while receiving a monthly income which is approximately equal to the gross minimum wage. Moreover, students who benefit from this monthly income can concentrate their efforts on their studies so they can integrate the skills acquired in higher education in their lives. Thus, young people left in the care of the state can be autonomous, independent, free individuals, who have clear prospects of achieving well-being when the special protection measure ends. However, for this to become a reality, the abandoned children need predictability, coherent public policies and the support of decision-makers, especially in post-pandemic or economic crisis situations.

Keywords: Law No. 191/2022, special protection measure, abandonment, social exclusion, higher education, monthly income, social insurance benefits, access to the labor market, equity, young people, orphans, children from placement centres

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Alina-Monica Bărăian

Essay on the feminine essence and gender equality implications

Starting from the premise that women are definable by a set of innate attributes and that the idea of a strong woman is, in fact, a self-revelation that can be read through the way women act in the family and in society, in their various positions, we observe that the analysis of the feminine essence leads us, beyond the privileged role of identifying it with the family and with the function of ensuring the primary socialization for the descendants, towards a professional status of it, somewhat dedicated, namely the position of a teacher. Statistical analyses on the labour force within education systems confirm this aspect. Moreover, they reveal an overwhelming majority of female teachers, especially in terms of preschool and primary education. However, the finding that the responsibility regarding the educable, both in terms of informal education and in terms of formal education, rests mostly with women, as they can structurally provide normative models of behaviour and benchmarks in the formation of attitudes, ensuring their transmission both through a rational and emotional mechanism, it brings to the fore a paradox of contemporary society regarding gender equality, regarding the chances of access to leadership positions in schools, women being still extremely poorly represented. The analysis of the causes, but especially of the effects of this phenomenon leads to the need to focus on correcting this aspect, the social impact being a pronounced one.

Keywords: human rights, women’s rights, personal identity, discrimination, community, equal opportunities, socialization process, education system

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II. REVIEWS

Andreea Moroianu

Report on the Impact of Digitalisation and IT Developments on Social Rights and Social Cohesion (Council of Europe, 2022)

This is an overview of the report prepared by Gaabriel Tavits and Arman Sargsyan for the European Committee for Social Cohesion of the Council of Europe. The report tackles the way in which digitalisation impacts various societal aspects with a special focus on social rights and social cohesion. The aim of the report is to serve as future reference paper in this field. There are various aspects that need a special focus from the point of view of accessibility and availability of technologies as well as the way in which they shape the future of our societies. It is only natural to adopt new technologies, however, in this era of challenges, whether at the global (climate change) or regional level (armed conflicts), it is essential to ensure the development of inclusive societies, in which all individuals experience the fulfilment of their rights. The European Social Charter provides a framework which sets rights that have to be protected and enforced by states. Since human interactions are changing following digitalisation, the interactions between states and individuals will also have to change and keep up with all developments, while also focusing on aspects such as confidentiality, data protection, education and ensuring equal access for all.

Keywords: digitalisation, social rights, social cohesion, Council of Europe, efficiency, risks

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Daniela Albu

Strengthening Human Rights Accountability at Borders (ENNHRI, 2022)

The ENNHRI report Strengthening Human Rights Accountability at Borders provides guidance and presents examples of good practice on how to address the gaps identified in the previous report, Gaps in Human Rights Accountability at Borders. It focuses on overall monitoring and transparency, access to justice, investigations, prevention, as well as promoting a culture of rights. The report is also intended to support the activity of the National Human Rights Institutions, being an important awareness tool on the subject of ensuring respect for human rights at the borders. In many states there are mechanisms to investigate various violations and numerous NHRIs have a mandate to investigate in this regard. However, a little part of investigations into rights violations are undertaken at the borders. The Report shows that the European institutions for human rights have highlighted the fact that authorities often pay too little attention to the dimension of human rights and that no disciplinary actions are taken against border staff accused of ill-treatment of migrants.

Keywords: transparency, monitoring, respect, violation, human rights, borders, ill-treatment, investigation mechanisms, access to justice, strengthening of accountability

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