Human rights and freedom of religion

• Author: Claudia Ionela Lazarescu - Serban Lazarescu
• Position: Asist. univ. Lazarescu Claudia Ionela, Faculty of Law and Public Administration Rm. Vâlcea, Law Department, 'Spiru Haret' University, Bucharest - Asist. univ. Lazarescu Serban, Faculty of Law and Public Administration Rm. Vâlcea, Law Department, 'Spiru Haret' University, Bucharest
• Pages: 122-125

HUMAN RIGHTS AND FREEDOM OF RELIGION

Lzrescu Claudia Ionela*

Lzrescu Şerban**

Abstract

Man, essentially a social being, is necessarily connected to the others, to the society a s a whole, which

ensures its existence and development in the sense that, each individual has his own status gathering all the

rights that th e society provides to or cla ims from each person.

Key words: human rights, r eligious freedom, protocol, convention, rule of law, membership,

implementation.

Introduction

Religious freedom ha s always been a topic of discussion among people, servera l points of view being

expressed.

But, any r eligion is a personal choice and involves a freely consented p ractice, publicly expressed, as

well as a cha nge that would occur in the acceptance of one or a nother faith.

Religious freedom is a right that ca n be analyzed a s a civil law (a pplicable by the State to the civil

society).

1. The Institution of the Human Rights

Man, essentially a social being, is necessarily connected to the others, to the society as a whole, which

ensures its existence and development in the sense that each individual has his o wn status, gathering all the rights

that the society provides to, or claims from each person

1.

Therefore, given its particular implications and consequences for the human existence, the need to

create and maintain equilibrium in the society, the close link between the interests of the individual and the

society led to its legal regulation. By the help of law standards, “the libertatis status” of a person was founded,

notion t hat, in time, brougt to the crystallization of t he institution called “human right s”, representing a solid

guarantee of an optimal performance of the previously mentioned relations.

The force of the state ap pears to be an e ffective way to harmonize them. This idea found its

consecration in art. 29 of the Universal Declaration of Human Rights, that each person is subject to restrictions

in exercising its rights provided by law, “in order to recognize and respect the rights and freedoms of the others

and in order to meet the requirements of the fair exi gencies required by moral, by pub lic order and general

welfare in a democratic society’’. Note t hat in the contemporary world,the institution of the human rights is a

major requirement and that, while the concepts of the human rights suffered major corrective measures, the

institution is presently particularly complex. We can even s peak of a process of elaborating international human

rights, given their substantial development, driven mainly by t he adoption of numerous international

conventions.

One can appreciate that the institution is non-bivalent, at the same time being a “national institution,

integrated to the constitutional rules of a country or another, affecting a considerable number of la w branches” 2.

Beyond all these aspects, we should underline their dominated cause, namely t he essence of the science

of human rights, that of being “the special branch of social sciences which has as a main object the study of the

relationships between people in the light of human dignit y, determining the rights and faculties whose overall is

necessary to the development of every human personality” 3.

2. The Human Rights – General Remarks

The concept of human rights was the result of humanist ideas and the evolution of their perception of

the increasingly intense reception.

* Asist. univ. Lzrescu Claudia Ionela, Faculty of Law and Public Administration Rm. Vâlcea, Law Department, “Spiru Haret” University,

Bucharest; claudia.lazarescu.@spiruharet.ro.

** Asist. univ. Lzrescu Şerban, Faculty of Law and Public Administration Rm. Vâlcea, Law Depar tment, “Spiru Haret” University,

Bucharest; s.lazarescu.dvl@spiruharet.ro.

1 Horia Diaconescu, “Violena i efectele sale în dreptul român”, Aius Publishing House, Craiova, 1995.

2 Victor Luncan, Victor Duculescu, “Drepturile omului – studiu intr oductiv, culegere de documente interntionale si acte normative de drept

intern”, Lumina Lex Publishing House, Buchares, 1993.

3 Renne Cassin, main author of the Universal Declaration of Human Rights from 1948 and Nobel Prize for Peace, Nice Coloquim, 1978,

organized by the International Institute for Human Rights, requested by UNESCO, with the topic: The science of human rights, methodology

and teaching”.