Revista Drepturile Omului

Nr.1 | 2023 | Vedeti revista aici



I. STUDII, CERCETARI, ARTICOLE

Bogdan Ștefanachi

Acțiunea umană și limitele sale raționale: câteva considerații despre economie, libertate și individ

Not rarely, economy has been transformed into an autonomous science in relation to the individual, aiming to improve certain abstract indicators, often different or even divergent from their expectations. In this sense, there is a mistaken but quite widespread belief that there is no direct implication between the economic and political domains, that they are completely separate entities. In other words, individual freedom is a political matter, while material well-being is an economic one. Rejecting such a dichotomy, the “classical” liberals of the 20th century (neoliberals) adapted economic discourse to social explanation. Furthermore, they emphasised the neutral nature of the economic science and understood reason only as capable of discovering and explaining the connection between means and ends. Therefore, there is no liberal purpose of man (the individual, humanity), as liberalism offers the path to a plurality of purposes, each of them having a particular character and being the subjective, rationally unprovable action of each individual. Based on these premises, this study argues that if the economy continues to be the instantiation of human action, then only freedom can foster performance and maximise the way in which the economy itself becomes a component of a world that places the individual at its centre. From such a perspective, it becomes useful and necessary to investigate how Ludwig von Mises (re)writes economics as human action, and how his successor, Friedrich Hayek, (re)defines rationalism to distance it from its illicit use within totalitarian systems. What the two philosophers and economists actually reveal is the fundamental and founding connection between freedom and economic performance. Moreover, identifying several arguments against state intervention in the economy highlights once again the validity of the necessary relationship between economy and freedom.

Keywords: Human action, spontaneous order, freedom, individual, state

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Vișinel Costel Balan, Răzvan Bădău

Consiliul Copiilor, Soluția pentru reprezentarea copiilor lăsați în grija statului

The national analysis on how DGASPCs (General Directorates of Social Assistance and Child Protection) facilitate the self-representation process of children under state care is an important and necessary endeavour in the context of child protection. In this regard, the attention given to the accurate representation of children within protective institutions is a key aspect in ensuring their harmonious development. It is important for children’s representation to be formalised, allowing for transparency and accessibility to all those who wish to be involved. Additionally, special attention must be given to developing independent living skills and preparing children for adulthood. This way, children can develop critical thinking abilities and express their opinions, enabling their involvement in decision-making processes.

Keywords: Children’s Council, Voice of Abandoned Children, self-representation, representation structures

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Cristina Ștefan

Șanse egale pentru participare democratică – învățarea prin proiecte

Education for human rights is achieved both through formal educational approaches and non-formal educational activities. Project-based learning is a valuable exercise in applying knowledge, skills, and attitudes acquired throughout years of schooling in different life contexts. The skills of participatory citizenship, specific to a democratic society, can be formed and developed in an integrated manner through educational projects.

Keywords: Participatory citizenship, democracy, discrimination, non-formal education, education for human rights, equal opportunities, biases

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Narcis Calotescu

Starea de excepție și drepturile omului: deținuții din Guantanamo Bay

After the 9/11 attacks, the United States led the War on Terror in order to strengthen counter-terrorism measures. The main objective of this article is to highlight the treatment of the war prisoners, or unlawful combatants – defined by Donald Rumsfeld, the head of the United States Secretary of Defence at that time – while they were imprisoned at Guantanamo Bay Detention Camp. The Bush Administration managed to use the enhanced interrogation techniques on the so-called unlawful combatants, in order to obtain information, claiming that those prisoners were not protected by the Geneva Convention.

Keywords: human rights, unlawful combatants, state of exception, Guantanamo Bay, War on Terror

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II. JURISPRUDENTA

Andreea Moroianu

Hotărârea Curții Europene a Drepturilor Omului în cauza Csata împotriva României

In the case Csata v. Romania, the issue of legal recognition of gender identity was analysed, taking into account the provisions of Articles 8 and 14 of the European Convention on Human Rights. The Strasbourg Court examined whether the Romanian state had fulfilled its obligations regarding the principles of non-discrimination and the right to private life. After unsuccessful friendly settlement negotiations, and a unilateral declaration from the state admitting the breach of rights, the Court noted that any such declaration should provide for measures to address a substantive issue under the Convention Thus, the extent to which the contracting party respected the balance between the general interest and the individual interests of the applicant was evaluated.

Keywords: legal recognition of gender identity, non-discrimination, transgender individuals, private life

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III. RECENZII

Daniela Albu

Raportul privind dezvoltarea mondială 2023 - Migranți, refugiați și societăți (Banca Mondială, 2023)

Rich countries, as well as a growing number of middle-income countries (which are among the main sources of migrants), are facing demographic decline. As global competition for workers and talents intensifies across the globe, in most low-income countries there will be most likely a rapid population growth, which might put pressure on them to create more jobs for young people. Underscoring the urgency of better management of migration, the authors of the World Development Report 2023 propose an innovative approach to this issue inspired by labour economics and international law based on the “match and motive” framework. Arguing that governments should strengthen the matching of migrants’ skills with demand in destination societies, protecting refugees and adopting policies to reduce the movements of distressed migrants, the Report represents a support tool for policy makers on migration and refugees. At the same time, it provides inspiration to decision-makers by exploring new ways of managing migration in accordance with the global geopolitical reality.

Keywords: migrants, refugees, match and motivate, migration policies, sustainable development

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Andreea Moroianu

Platformele de social media și provocările la adresa democrației, a statului de drept și a drepturilor fundamentale - Beatriz Botero Arcila, Rachel Driffin (Uniunea Europeană, 2023)

The study on social media platforms and challenges to democracy, the rule of law and fundamental rights addresses a number of issues relevant in the current context, namely hate speech, disinformation and media pluralism. These play a key role in the functioning of democracy, as they affect the participation of rights holders in decision-making. Individuals who are marginalised, disinformed and who do not have access to relevant sources of information will not be able to truly engage in society, and their fundamental rights as well as democracy and the rule of law will suffer. The study refers to a wide range of studies, research and legislation in the field and makes a number of recommendations to combat hate speech, disinformation and lack of media pluralism. As the study was carried out at the request of the Policy Department for Citizens’ Rights and Constitutional Affairs of the European Parliament, it takes into account the existing legislative framework at EU level.

Keywords: social media platforms, human rights, rule of law, democracy, fundamental rights, EU legislation, Digital Services Act, hate speech, disinformation

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