Revista Drepturile Omului

Nr.1 | 2022 | Vedeti revista aici



I. STUDII, CERCETARI, ARTICOLE

Alina-Monica Bărăian

Fundamente filosofice ale dreptului la educație incluzivă

The way society excludes certain groups or individuals involves processes of reporting to others as alterity, through labelling, with an emphasis on the appearance and identification of incapacity, on inferior and unacceptable aspects, deeply rooted in mentalities that have been perpetuated since Antiquity. However, the approach to the problem of identity in a contemporary context allows the analysis of the concrete situation related to the specific studies of the social sciences in the field of human rights, focused on the way in which the current individual consciousness, as well as the community and the relationships between individuals, built as a sum of individual visions, can be modulated in terms of accepting alterity.

Keywords: human rights, personal identity, alterity, inclusive education, discrimination, community, equal opportunities, person

Vedeți întreg textul aici

Gianina-Mălina Lăzărescu, Mona Vintilă

Cosmetic surgery. A right to health or a luxury?

De-a lungul timpului oamenii au luptat pentru a obține drepturi. Când se pune problema chirurgiei cosmetice, majoritatea tinde să o asocieze mai degrabă cu lipsa de nevoie a acestora în rândul oamenilor, considerând-o mai degrabă un capriciu decât un drept. Studiul de față are ca scop sintetizarea informațiilor din literatură cu privire la chirurgia estetică (care sunt mecanismele care stau la baza alegerii de a apela la o astfel de procedură, care sunt sursele care influențează percepția corpului și această decizie, riscuri asociate, aspecte psihologice alăturate acestei decizii, surse de informații, precum și atitudinea comunității față de persoanele care apelează la chirurgia estetică), susținând că aceasta reprezintă un drept al omului. Cu toate acestea, studiul arată că este necesară adoptarea de legi care să protejeze pacienții de cazuri de malpraxis.

Keywords: chirurgie cosmetică, drepturile omului, sănătate, legislație, aspecte psihologice

Vedeți întreg textul aici

Alexandra Tulcan, Mona Vintilă

Atitudini publice și aspecte legislative cu privire la drepturile persoanelor LGBT: o perspectivă interculturală

LGBT people experience specific types of prejudice often related to breaking gender role norms. The exclusion experienced by LGBT individuals results mostly from the discrimination they face in all aspects of their life, a discrimination which interfere with their ability to have and access equal rights. This lack of recognition impacts the deepest aspects of life – who to live with, raising children, how to relate as a gendered being, etc., but it also affects the various facets of their social and/or professional life. There is a great knowledge gap concerning these interpersonal processes in contemporary Romania, including the psychological consequences of stigmatization and prejudice for LGBT people.  We aim to mention Romanian public attitudes, and secondly, to analyse the discrepancy of evolution between Norway and Romania of public attitudes toward LGBT people impacts the social inclusion of LGBT and their mental health status. The two countries are similar in terms of not incriminating homosexuality, but there is a profound discrepancy regarding the evolution of the social inclusion of LGBT persons.

Keywords: LGBT individuals, LGBT-issues, psychological consequences, legal issues, prejudice, discrimination, psychosocial processes, public attitudes, social inclusion

Vedeți întreg textul aici



II. JURISPRUDENTA

Maria-Beatrice Berna

Coordonate juridice ale libertății de exprimare evidențiate în cauza Bumbeș împotriva României

Recognising the stakes of respecting freedom of expression and freedom of assembly and association in strengthening the democratic climate in European countries, in the case Bumbeș vs. Romania the European Court of Human Rights builds the legal demonstration of the interrelationship between the two freedoms: the right to freedom of expression is analysed in correlation with the possibility of restricting the right to freedom of assembly and association as provided by article 11, paragraph 2, of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Accepting the legal intersection of the two freedoms, the Court assesses the factual elements of the case by taking into account the legal and jurisprudential requirements for the exercise of freedom of expression, examining in particular the aspect referring to the necessity and proportionality of the interference of the national authorities with the applicant's exercise of the right to protest peacefully against the Government's decision to authorise, in the absence of public debate, the draft law on the exploitation of metals in Roșia Montană. The main argument on which is based the Court's decision is that the applicant's failure to comply with the requirement of prior notification of a protest must not be observed by the national authorities in purely formal terms, since such reasoning would lead to results contrary to guaranteeing the right to an opinion in a democratic society. 

Keywords: freedom of expression, peaceful assembly, interference by national authorities, margin of appreciation of States, test of the necessity of the interference in a democratic society

Vedeți întreg textul aici



III. RECENZII

Andreea Moroianu

Jurnalismul este un bun public (UNESCO, 2021)

UNESCO's new report on press freedom - “Journalism is a public good” – highlights how media development impacts the freedom of expression and the safety of journalists. It tackles various issues considering the development of digital media and it highlights the need for independent media in order to ensure quality information. It also tackles elements on public access, as well as the need to ensure information literacy in order to navigate through the diverse sources of information so as to select fact-based information. Moreover, the report highlights how mis- and disinformation change the media environment. The document can be used by journalists as well as other institutions in the field in order to follow certain indicators, and can be useful in reporting for various institutions. Also, the report presents a series of good practices which may be helpful in this field.

Keywords: journalism, freedom of expression, media, press freedom trends

Vedeți întreg textul aici

Daniela Albu

Analizarea și abordarea decalajelor de gen în sport (PROGRES, 2022)

Analysing and Addressing Gender Gaps in Sport is a study undertaken under er the auspices of the PROGRES project and was published in February 2022. The study aims to research and report inequalities between women and men that manifest in football federations and associations, but also in other sports and also to identify the reasons and causes of these gender gaps. The authors of the study took into account the latest strategies and policies of the EU on the promotion of gender equality in sport. Among the authors of the study figures FILIA Center (member of the network for combating violence against women and member of the RIHR working group on the rights of women) as a Romanian partner in the project. During May-October 2021, data were collected from sports federations and associations on the number of women in decision-making positions, followed by similar data from other sports organizations. After the completion of the data collection, good practices in the field of gender mainstreaming initiatives in football organisations and their decision-making bodies were identified. Following interviews and analysis, the study confirms that men hold the most positions in the sports hierarchy and are considered more competent than women, so it becomes obvious that a change is needed in the process of recruiting women in sports.

Keywords: gender equality, federations and sports associations, women in decision-making positions, ports hierarchy, gender stereotypes

Vedeți întreg textul aici