Respect for fundamental human rights in the Transnistria region, through the application by the authorities of the Republic of Moldova of the „Namibia Exception” in the judicial acts Cover Image
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Respectarea drepturilor fundamentale ale omului în regiunea Transnistria, prin aplicarea de către autoritățile Republicii Moldova a „Excepției Namibia” în actele judecătorești
Respect for fundamental human rights in the Transnistria region, through the application by the authorities of the Republic of Moldova of the „Namibia Exception” in the judicial acts

Author(s): Denis Băbălău
Subject(s): Human Rights and Humanitarian Law
Published by: Uniunea Juriștilor din România
Keywords: „Namibia Exception”; guaranteeing property; actual investigation; the role of the authorities; unrecognized regime;

Summary/Abstract: In the present study it is analyzed the possibility of applicability in the judicial practice of the Republic of Moldova of the „Namibia Exception”, exception which in the present case seeks to provide that the non-recognition of the status of separatist region for Transnistria leads not only to the existence of some negative consequences for a self-proclaimed regime, but also for its inhabitants, who can continue to enjoy the rights inherent to the human being. At the same time, the practice of E.C.H.R. regarding the legal protection of human rights in similar military regions, the role of the authorities that have control over the de facto entity, as well as the limits of legal protection is subject to analysis.

  • Issue Year: 2023
  • Issue No: 10
  • Page Range: 104-109
  • Page Count: 6
  • Language: Romanian
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