Declaraţia Universală a Drepturilor Omului – moment important în dezvoltarea dreptului drepturilor omului
The Universal Declaration of Human Rights - an Important Moment in The Development of Human Rights Law
Contributor(s): Tudor Avrigeanu (Editor), Iolanda VASILE (Editor), Versavia Brutaru (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Commercial Law, Administrative Law
Published by: Universul Juridic
Keywords: Universal Declaration of Human Rights; Human Rights Law; International Law; Historical Context; Global Human Rights;
Summary/Abstract: This volume presents the significance of the Universal Declaration of Human Rights (UDHR) in the evolution of international human rights law. It examines how the UDHR laid the foundation for the development of subsequent human rights treaties and frameworks, influencing both national and international legal systems. It delves into the historical context of the UDHR's adoption, the key principles it enshrines, and its lasting impact on global human rights discourse. It also addresses the challenges and criticisms faced by the UDHR over the decades, highlighting its role as a cornerstone of modern human rights advocacy and legislation.
- E-ISBN-13: 978-606-39-1521-5
- Page Count: 135
- Publication Year: 2024
- Language: Romanian
Autonomia de voință– reflexie în dreptul internațional privat a libertății individuale ca drept fundamental al omului
Autonomia de voință– reflexie în dreptul internațional privat a libertății individuale ca drept fundamental al omului
(Party autonomy – The Reflexion of Individual Liberty as a Fundamental Human Right in Private International Law)
- Author(s):Ana-Maria Dimofte
- Language:Romanian
- Subject(s):Human Rights and Humanitarian Law
- Page Range:5-15
- No. of Pages:11
- Keywords:Party Autonomy; Individual Liberty; Human Rights; Fair Trail; Foreseeability Principle; Protection of The Weaker Party;
- Summary/Abstract:Individual liberty represents the foundation of party autonomy, which includes its exercise in private international law matters, namely choosing the applicable law or the jurisdiction. It represents a fundamental right, established as a general principle ever since the adoption of the Universal Declaration of Human Rights in 1948, and creates a subjective right of the individual in relation to the State and to his or her peers. Nowadays, individual liberty, mirrored in private international law as the possibility for the person to choose the applicable law or to establish jurisdiction of a tribunal in certain matters, represents a key-tool that offers certainty to the parties in their legal relationship. This is the reason why there is a close connection between party autonomy and the right to a fair trial, established in most international treaties and instruments dedicated to the protection of human rights. The requirement of predictability, regarding both the applicable law and, even more significant, the jurisdiction is a key-component of the right to a fair trial and the exercise of party autonomy in these matters contributes to the fulfilment of this condition. Nevertheless, we must carefully consider the context in which the parties use their autonomy in private international law, as, in some matters, the weaker party may need special protection. In this case, in order to also ensure the access to a tribunal, there need to be established more restrictive conditions for the choice of jurisdiction or of the applicable law.
Evoluția conceptelor de „independență” și „imparțialitate” a instanței
Evoluția conceptelor de „independență” și „imparțialitate” a instanței
(The Evolution of the Concepts of "Independence" and "Impartiality" of the Court)
- Author(s):Alin-Gabriel Oprea
- Language:Romanian
- Subject(s):Constitutional Law
- Page Range:16-22
- No. of Pages:7
- Keywords:Independence; Impartiality; Tribunal; Human Rights;
- Summary/Abstract:The Universal Declaration of Human Rights for the first time enshrined and guaranteed as fundamental the principle that everyone has the right to a trial before an independent and impartial tribunal to determine his rights and obligations. Subsequently, the International Covenant on Civil and Political Rights guaranteed that all persons shall be equal before the courts and that, in the course of judicial proceedings of a criminal charge or of civil rights and obligations, any person shall have the right, within a reasonable time, to a fair and public trial before a competent, independent and impartial court established by law. As a result of a long and fascinating legal and jurisprudential evolution, the imperative of resolving disputes by an independent and impartial court is today recognized in regional human rights instruments, in national constitutional and legislative provisions, in common law, as well as in conventions and traditions legal, and the importance of an independent and impartial judiciary is accentuated by the fact that the implementation of all other rights depends on the good administration of justice. The independence of the judiciary is the premise of the rule of law and a fundamental guarantee of a fair trial, while impartiality is essential for the proper performance of the judicial function. Although they seem commonplace in the mentality of contemporary jurists, the analyzed concepts would not have had the configuration we know today if they had not been enshrined and guaranteed by the Universal Declaration of Human Rights.
Dreptul la viață privată și dreptul la liberă exprimare în Declarația Universală a Drepturilor Omului: complementaritate sau contradictorialitate?
Dreptul la viață privată și dreptul la liberă exprimare în Declarația Universală a Drepturilor Omului: complementaritate sau contradictorialitate?
(The Right to Privacy and The Right to Freedom of Expression in The Universal Declaration of Human Rights: Complementarity or Contradiction ?)
- Author(s):Marius Catalin Mitrea
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:23-36
- No. of Pages:14
- Keywords:United Nations; Fundamental Rights; Private Life; Freedom of Expression;
- Summary/Abstract:The right to private life and the right to freedom of expression are enshrined in the Universal Declaration of Human Rights in art. 12, respectively in art. 19. The right to privacy recognizes that every individual has the right to the protection of his personal life, including personal data. This right is crucial to ensuring individual dignity and freedom. On the other hand, the right to freedom of expression gives every individual the right to express opinions and thoughts freely. These two rights may appear contradictory when, for example, discussions about the right to privacy may conflict with the disclosure of information in the name of freedom of expression or the public interest. However, the Universal Declaration of Human Rights tries to find a balance between these rights (art. 29, paragraph 2). Limits may be imposed on the right to privacy to protect national security or public safety, but these limits must be lawful, proportionate and justified.
Dreptul la muncă - drept fundamental al omului
Dreptul la muncă - drept fundamental al omului
(The Right to Work - Fundamental Human Right)
- Author(s):Adrian-Cornel Boaje
- Language:Romanian
- Subject(s):Constitutional Law, Labour and Social Security Law
- Page Range:37-50
- No. of Pages:14
- Keywords:Right to Work; Fundamental Right; Constitutional Law; Social Rights; European Convention on Human Rights; The Right to Benefit From Social Assistance and The Right to Collective Bargaining; ECHR Juris
- Summary/Abstract:Regulating the freedom of work of any person and their right to choose their profession and workplace, the Constitution took into account, first of all, the possibility of giving every able-bodied person the opportunity to perform work as they see fit. Assuming the status of an employee, implicitly contributing monthly to the social insurance fund, the employed person has the right to a series of social protection measures, considering the fact that the justification, which is the fundamental principle, of the establishment of social insurance funds is that of the solidarity of the members who contribute to them. Also, the same article establishes the fundamental right to collective negotiations, as well as the binding nature, guaranteed by the Constitution, of the negotiations and the contracts/agreements concluded following these negotiations between employers' organizations as well as union organizations. Starting from these three fundamental rights (the right to work, the right to benefit from social assistance and the right to collective bargaining), a unitary, interdependent framework is created, through which the state, through the representative authorities and institutions, has the constitutional obligation to protect and guarantee the appropriate remuneration of work, to protect, in difficult situations, the employees who contributed monthly to the creation of social protection funds. The European Convention on Human Rights established only a few of the economic and social rights, most of the guarantees established by the Convention regarding the civil and political rights. The economic and social dimension of the fundamental rights imposed the regulation of some of the social rights in the body of the Convention at the time of its drafting and justifies the addition of some economic rights through additional protocols. The right to work is not established in the European Convention. However, evaluating the ECHR law in its evolution, we identify an indirect protection of social rights, namely in close connection with the right to a fair trial (the applicability of art. 6 in the case of the dismissal of an employee of a private enterprise) or non-discrimination (in terms of social benefits) or even in connection with the right to life, private or family life, or the prohibition of ill-treatment (right to health, environmental protection, indirect protection of social rights from the standpoint of art. 3 of the Convention.)
Contribuțiile ONU la recunoașterea și garantarea dreptului la un mediu sănătos și echilibrat ecologic
Contribuțiile ONU la recunoașterea și garantarea dreptului
la un mediu sănătos și echilibrat ecologic
(Un Contributions to the Recognition and Guarantee of the Right to a Healthy and Ecologically Balanced Environment)
- Author(s):Mircea M. Duțu-Buzura
- Language:Romanian
- Subject(s):International Law
- Page Range:51-61
- No. of Pages:11
- Keywords:The Right to The Environment; The Duty to Protect The Environment; Stockholm Declaration; Rio Declaration; UN Resolutions; The Impact of Climate Change on Human Rights;
- Summary/Abstract:On the basis and following of the Declaration of 10 December 1948 under the auspices of the UN, a number of international documents have been initiated and adopted which have contributed to the establishment of international human rights law. Since the 1972 Stockholm Declaration (which in principle 1 proclaims the fundamental right to live in a quality environment and the solemn duty to protect and improve it) and continuing with the 1992 Rio Declaration (which refers to the “right to a healthy life”) and with recent resolutions, the organization has paid particular attention to recognizing and guaranteeing the right to a healthy and environmentally balanced environment. An important stage of this process in the universal recognition of such a right is resolutions no. 48/13 of the Human Rights Council of 8 October 2021 and no. 76/300 of the UN General Assembly of 28 July 2022 “The right to a clean, healthy and sustainable environment ”. Currently, under the influence and contribution of the onusian system, seven international conventions formally recognize such a right. A special rapporteur was set up in 2021 on the impact of climate change on human rights. UN regulations have played an important role in recognizing and guaranteeing the fundamental right to the environment at regional level and in a national context, including in Romania.
Prezumția de (ne)vinovăție în cazul privării de libertate
Prezumția de (ne)vinovăție în cazul privării de libertate
(The Presumption of Innocence in the Case of Deprivation of Liberty)
- Author(s):Giulia Şologon
- Language:Romanian
- Subject(s):Criminal Law
- Page Range:62-72
- No. of Pages:11
- Keywords:The Presumption of Innocence; Deprivation of Liberty; Final Criminal Judgment; Development of Vertainty; Beyond a Reasonable Doubt;
- Summary/Abstract:Although the prima facie functionality of the presumption of innocence in cases involving deprivation of liberty adheres to the parameters of legality, in practice, the probative standards outlining the coordinates of liberty-restrictive or rights-restrictive measures can readily engender a societal conviction that the individual subject to criminal proceedings is culpable of committing the offense. This inherent proclivity becomes conspicuously apparent in judicious junctures characterized by the prematurely postulated judicial intuition. The substantive concept of culpability, as an indispensable trait of an offense, conjoining volitional and cognitive aspects into a unified human representation of the repercussions of violating criminal law, is judiciously reflected in a procedural-legal concept of guilt. This concept is contingent on a tripartite determination on the part of the adjudicating body: the concrete act exists in its materiality, it legally constitutes a criminal offense (in the sense that it satisfies all the constituent elements of the typical incrimination model and has been committed with the requisite mens rea as prescribed by statutory law), and there exists an unequivocal nexus between the person who committed the specific act and the one arraigned for trial. The material foundation for ascertaining guilt at the legislatively mandated standard - beyond any shadow of reasonable doubt - resides in the presence of robust, legally sound, and faithfully administered probative evidence. Dubiety or incongruity impedes the subversion of the presumption of innocence, esteemed as a bulwark of the right to a just legal proceeding, as delineated by constitutional provisions, procedural-criminal edicts, international conventions, and reference instruments in the sphere of human rights preservation, such as the Universal Declaration adopted in 1948 by the member states of the United Nations General Assembly.
Imixtiunea arbitrară în contextul articolului 12 din Declarația Universală a Drepturilor Omului
Imixtiunea arbitrară în contextul articolului 12
din Declarația Universală a Drepturilor Omului
(Arbitrary Interference in the context of Article 12 of
the Universal Declaration of Human Rights)
- Author(s):Daniela Ghituleasa (Duță)
- Language:Romanian
- Subject(s):International Law
- Page Range:73-82
- No. of Pages:10
- Keywords:United Nations; Universal Declaration of Human Rights; Arbitrary Interference; Fundamental Rights; The Right to Privacy;
- Summary/Abstract:Under the auspices of the United Nations, the Universal Declaration of Human Rights was adopted at the international level in 1948, which includes norms dedicated to the protection of human rights. In this sense, art. 12 provide that no one shall be subject to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. This paper analyzes the concept of arbitrary interference in personal life, Article 12 recognizing the fundamental right of the individual to private life and to the prevention of any arbitrary interference in this sphere. In addition, the research looks at the protective measures and possible remedies available to ensure the respect of the right to personal life in accordance with the analyzed article. It will also analyze the aspects related to the balance between security and the respect of individual rights in the context of arbitrary interference.
Dreptul internațional umanitar și „noua eră” a conflictelor neconvenționale - paradigmă și provocare a dimensiunii juridice a securității internaționale
Dreptul internațional umanitar și „noua eră” a conflictelor neconvenționale - paradigmă și provocare a dimensiunii juridice a securității internaționale
(International Humanitarian Law and the "New Era" of unconventional Conflicts - Paradigm and Challenge of the Legal Dimension of International Security)
- Author(s):Viorel Gheorghe
- Language:Romanian
- Subject(s):Human Rights and Humanitarian Law
- Page Range:83-104
- No. of Pages:22
- Keywords:International Humanitarian Law; Proportionality; Supremacy; Rule of International Law; Humanitarian Exception; Armed Conflict;
- Summary/Abstract:Against the background of the resurrection of phenomena with a winding path such as terrorism, extremism and radicalization (especially, for terrorist purposes), concerns aimed at the ways of legally countering hybrid threats as well asymmetric as ones, with efficiency in terms of ensuring international security, are becoming more and more present on the agendas of states and international bodies, in the subsidiary, of some, political-military (NATO), even more so in the international context revealed in the proximity of Romania's borders. Although important progress has been and is being made in the research plan of the two ways of defining risks and threats specific to international security, international humanitarian law is and must be seen as a „normative arbiter”, with the sole purpose of coercing, limiting or eliminating any aggressive action against the national security or state defence, normative limits, agreed at the international level, necessary to impose the superior character of maintaining the supreme legal value of life, likewise, of carrying out armed actions strictly within the limits of international law. The reality, as can be seen in the context of the most recent major international and national security events, generates fundamental, complex debates, with multi-sector normative amplitude, which necessarily requires the involvement and application of the principles of legality, necessity and proportionality. Such asymmetric phenomena, as well as certain manifestations of hybrid threats (the conflict in Ukraine), have dramatically shaped the international scene, since the beginning of this century, generating the involvement and reaction of states and international organizations in the spirit and in accordance with international law, both taking into account the specific normative set, applicable to the anti- or counter-terrorist field. While preventing and combating terrorism are legitimate and necessary efforts for states, in ensuring national, regional and international security, they must respect the existing international legal frameworks, among which the norms of international humanitarian law are distinguished. As it is well known, the terminology - apparently close - remains essentially different. Not infrequently, even on the territory or proximity of Romania, military actions or actions with a military element are identified, manifested in an evolutionary historical and geostrategic context, which incur terminologies such as „asymmetric”, „hybrid”, „unconventional”, in a personal opinion, indicating, in addition to the state of increased danger, a certain lack of adaptation of the strategic and normative framework. The statements are not utopian, proven by the very instability of the debated field, given that the current international environment is becoming complex and unpredictable, with developments that require responses in the sense of avoiding the "surprise" factor, to realities of an undecided nature, from the perspective of identifying the origin and/or of the motivation of the aggression, thus generating the concern of the entire nation. The text is a pleading for the relevance and importance of respecting international humanitarian law, both in international forums (such as the United Nations Security Council), but also for its implications for human rights, and for the need to ensure the integrity and supremacy of these norms in view of any needs of military or counter-terrorist origin, with the integrity of the "humanitarian space", thus creating the prerequisites for a necessary and impartial humanitarian assistance to the population affected by an armed conflict.
Efectele suspendării contractului individual de muncă asupra perioadei de probă
Efectele suspendării contractului individual de muncă asupra perioadei de probă
(The Effects of the Suspension of the Individual Employment Contract on the Trial Period)
- Author(s):Gabriela Petruţa Ştirbu
- Language:Romanian
- Subject(s):Labour and Social Security Law
- Page Range:105-118
- No. of Pages:14
- Keywords:Suspension; Termination; Trial Period; Salary; Dicrimination;
- Summary/Abstract:Suspension of the individual employment contract during the trial period can have significant implications for employees and employers. This can occur for a variety of reasons, for example: medical leaves, maternity leaves, or other situations that temporarily prevent the employee from fulfilling his contractual duties. During the suspension, the employment contract is maintained, but the obligations of the parties are temporarily suspended. As for the trial period, it represents a method of verifying professional skills, the verified person having the same rights and obligations as any employee. Considering this aspect, in the article we will address the effects of the suspension of the individual employment contract on the trial period in relation to the national legislation but also to the fundamental principles enshrined in the Universal Declaration of Human Rights, namely the right to life, liberty and personal security (article 3), the right to equality before the law (Article 7), the right to work and protection against unemployment (Article 23), as well as the prohibition of discrimination in the exercise of these rights (Article 7). Thus, it is essential that all parties involved pay attention to these aspects in order to protect both the rights of the employee and the employer in any situation of suspension of the individual employment contract during the trial period.
Dreptul la apărare al salariatului, în contextul răspunderii disciplinare
Dreptul la apărare al salariatului, în contextul răspunderii disciplinare
(The Employee's Right to Defense, in the Context of Disciplinary Liability)
- Author(s):Loredana Nicolae
- Language:Romanian
- Subject(s):Labour and Social Security Law
- Page Range:119-124
- No. of Pages:6
- Keywords:Employee; The Right to Defense; European Union; Rule of Law; Democracy; Universal Values; European States;
- Summary/Abstract:The right to defense, in labor disputes, includes all the rights and procedural rules that give the person the opportunity to defend himself against the accusations brought against him, to contest the accusations and to reveal his innocence. This project aims, without an exhaustive treatment, to show that the right to defense is a fundamental human right enshrined in international documents referring to fundamental human rights, as well as in the fundamental law of ech state.
Contractul colectiv de muncă la nivel național, garantul drepturilor lucrătorilor și păcii sociale
Contractul colectiv de muncă la nivel național,
garantul drepturilor lucrătorilor și păcii sociale
(The National Collective Labor Agreement - the Guarantor of Workers' Rights
and Social Peace)
- Author(s):Iacob-Emanuel Baciu
- Language:Romanian
- Subject(s):Labour and Social Security Law
- Page Range:125-134
- No. of Pages:10
- Keywords:National Collective Labor Contract; Social Dialogue Law; Social Peace; Workers' Rights; Social Dialogue; Collective Negotiation;
- Summary/Abstract:In the context of recent legislative evolution in Romania, the reintroduction of the national collective labor contract represents significant progress in strengthening workers' rights and promoting social peace, contributing to the creation of a stable working environment and preventing conflicts. The promotion of structured social dialogue and collective negotiations facilitates the peaceful resolution of disputes and the promotion of equitable working conditions. However, the exclusion of the negotiation regarding the guaranteed minimum wage in the national collective labor contract and the fact that it no longer applies 'erga omnes' raises questions about its practical effectiveness. These restrictions are reflected in diminished interest from social partners in national-level negotiations, one year after the reintroduction of the national collective labor contract, with the stage of negotiations being in an incipient phase.
Protecția cumpărătorului de bunuri imobile din domeniul privat al statului: o realitate sau o himeră
Protecția cumpărătorului de bunuri imobile din domeniul privat al statului: o realitate sau o himeră
(Protection of the Buyer of Real Estate in the Private Domain of the State:
a Reality or a Chimera?)
- Author(s):Andreea Boar
- Language:Romanian
- Subject(s):Civil Law
- Page Range:135-144
- No. of Pages:10
- Keywords:Private Domain of The State; Private Domain of Territorial Administrative Units; Private Property; Notarial Documents; Cancellation of Documents;
- Summary/Abstract:The paper aims to answer the following question: is the person who buys real estate from the private domain of the state and territorial administrative units protected? The jurisprudential reality denotes a high degree of risk for such transactions, many times the documents are annulled in court. The paper will address the issue chosen through the lens of international human rights guarantee instruments and will analyze a series of decisions of national courts through which property transfer documents were annulled.
