THE MATTER OF BIOMETRIC PASSPORTS AND THE FREEDOM OF THOUGHT, OPINION AND RELIGION
THE MATTER OF BIOMETRIC PASSPORTS AND THE FREEDOM OF THOUGHT, OPINION AND RELIGION

Summary/Abstract: This article shows the dimensions of violation brought to fundamental human rights and freedoms consecrated into the national Romanian Constitution, in international treaties ratified by Romania, in Lisbon treaty, in the EU Charter of Fundamental Rights, made by Romanian authorities competent in providing human persons living on EU territory (as the Romanian territory) with electronic passports. Despite the orthodox majority and national identity of Romania, despite de legal obligations of Romanian state to respect fundamental rights and freedoms of human person, Romania, as EU member state, is, at the beginning of XXI century, placed in the bizarre position to be the fi rst state in the world that has in the same time, incorporated into the electronic passport, the facial image of the person, the digital imprints and the RFID having his personal data. This is not only an abusive and non- constitutional practice of the state authorities, not only a flagrant violation of human rights, but also, it is neglecting the majority orthodox identity of this country that is profoundly opposed to the use of biometry. The article is showing the modalities and the degree of violation of human rights, both through domestic legal acts (of Romanian authorities) as well as through European legal acts. Also, the article is showing some democratic ways of defending freedoms of opinion, of conscience and religions, discussed here, at the national jurisdictional level, in the EU system of jurisdiction or before the European Court of Human Rights.

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