Human dignity and socio-economic rights

Author:Izabela Bratiloveanu
Position::University of Craiova, Craiova - Romania
Pages:1-6
SUMMARY

In current society, where the gap between rich and poor is widening1, human dignity is invoked very frequently in relation to socio-economic rights. We analyze in this study the jurisprudence of the Romanian Constitutional Court and the recent jurisprudence of the European Court of Human Rights.

 
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AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2013), pp. 1-6
1
HUMAN DIGNITY AND SOCIO-ECONOMIC RIGHTS
I. Bratiloveanu
*
Izabela Bratiloveanu
Faculty of Law and Administrative Sciences,
University of Craiova, Craiova, Romania
*Correspondence: Bratiloveanu Izabela, Craiova, 8 Horia St., Bl. E2, sc. 2, ap.2
E-mail: bratiloveanuisabela@yahoo.com
Abstract
In current society, where the gap between rich and poor is widening
1
, human dignity
is invoked very frequently in relation to socio-economic rights. We analyze in this study the
jurisprudence of the Romanian Constitutional Court and the recent jurisprudence of the
European Court of Human Rights.
Keywords: human dignity, socio-economic rights.
Introduction
Today, the poor are considered human beings who are in a position of vulnerability.
Fighting against poverty and social exclusion that accompanies it is now a struggle for
recognition of the poor as human beings and members of society as worthy as everyone else.
To recognize the other as equal in dignity involves treating him with respect and being united
with him. Every man therefore appears as “stems from a normative relationship with himself
and all the other people at the same time” as far as dignity is accompanied by a “recognition
order”
2
, an “obligation of action”
3
which engages the other. All human rights are universal,
inseparable, interdependent and intimately related and must be treated in a fair and balanced
manner, on an equal footing and giving them equal importance
4
. The Human Rights Council
of the United Nations said in a recent resolution that “the ideal of free human beings, free
from fear and poverty can only be achieved if conditions are created to enable everyone to
enjoy the economic, social and cultural rights, as well as civil and political rights”
5
.
Human Dignity and Extreme Poverty in the Jurisprudence of the Constitutional
Court of Romania
* Ph.D. Candidate, Fac ulty of Law and Administrative Sciences, University of Craiova. This work was financed
from the contract POSDRU/CPP107/DMI1.5/S/78421, strategic project ID78421 (2010), funded by the
European Social Fund - “Invest in people”, the Operational Program Human Resources Development 20 07-
2013.
1
According to the Organization for Economic Cooperation and Development (O.E.C.D.) average incomes o f the
rich people 10% of the populations are now nine times higher than those of the poor, the difference increased by
10% since 1980. Studies are reported after a certain income, those who do not get are considered poor. O.E.C.D.
set as reference the income in each state analyzed. Being a value changing i s called "relative poverty." T o define
the "absolute poverty" it is taken into account the a verage income in a given year that is determined as the border
of poverty, as it is determined how many have come under this limit in the crisis.
2
Pech T, La dignité humaine. Du droit à l’éthique de la relation , Éthique publique, volume 3, no. 2, 2001, p. 95.
3
Pettiti L.E., La dignité de la personne humaine, in M.L. Pavia, Th. Revet, La dignité de la personne humaine,
coll. Études juridiques, volume 7, Paris, Economica, 1999, p. 54 .
4
The United Nation Human Rights Council, A/CHR/RES/8/2 Resolution 8/2, the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights.
5
The United Nation Human Rights Council, A/CHR/RES/8/11 Resolution 8/11, Human rights and extreme
poverty, June 18
th
, 2008.

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