THE GUARANTEE OF HUMAN RIGHTS IN CONTEMPORARY SOCIETY. CONDITIONS, LIMITATIONS, RESTRICTIONS
THE GUARANTEE OF HUMAN RIGHTS IN CONTEMPORARY SOCIETY. CONDITIONS, LIMITATIONS, RESTRICTIONS

Summary/Abstract: The enshrining in modern democratic constitutions and international legal instruments ofsome human rights and freedoms is the result of a long historical process that includesphilosophical, legal and political conceptions, theories, doctrines, but also different forms ofrecognition, normative consecration of them. The normative affirmation of human rights is thelegal recognition of the human being in his existential individuality, man becomes a person inlegal relations, the holder of rights and freedoms that he can oppose to the state and demand theirguarantee and respect.The scientific research of fundamental rights and freedoms must be carried out on threelevels: legal, philosophical, sociological.The constitutional evolution of human rights was characterized by the existence of twolarge categories of regulations: internal, of each state, and international. In constitutional law, thequestion of their correlation was raised and two principles were affirmed: 1. The application ofconventions related to human rights must be done taking into account the need to harmonizeinternational cooperation with the principle of state sovereignty and 2. International documentsare the main means for their application, the assumption in good faith by the states parties of theirobligations according to their normative content.Given the undeniable social and legal importance of enshrining human rights, one canspeak of a new "religion" of fundamental rights enshrined by law. Is this conception justified?What are the theological, philosophical and legal meanings of human rights? Are freedoms andhuman rights really guaranteed by the states, including in Romania? To what extent are the rightsof persons in special situations constitutionally guaranteed: foreigners, stateless persons,migrants, refugees? These are some of the topics we want to address in this study, with referenceto the relevant doctrine and jurisprudence.

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