Legal protection of minorities and human rights at national and european level

• Author: Dragodan Arina
• Position: National School of Political and Administrative Studies (NSPAS) Bucharest
• Pages: 15-24

LEGAL PROTECTION OF MINORITIES AND HUMAN RIGHTS AT

NATIONAL AND EUROPEAN LEVEL

Dragodan Arina

∗

∗∗

∗

Abstract

Chronologically speaking, the onset of the concept of human rights can be positioned

in antiquity concerned with human and defining its position in society and for bringing the

high moral principles, the idea of justice.

Now, respect for fundamental human rights is one of the basic principles of the

European Union and essential condition of its legitimacy is based.

The protection of national minorities and of the rights and freedoms of persons

belonging to those minorities forms an integral part of the international protection of human

rights.

Over time minority rights have occupied an important place in the European context.

In this respect, European countries have signed up provisions on the protection of minorities

in their constitutions.

European Union has undertaken to guarantee to persons belonging to national

minorities the right of equality before the law and of equal protection of the law. In this

respect, any discrimination based on belonging to a national minority shall be prohibited.

Keywords: minorities, the right to identity, protection, human rights and fundamental

freedoms, equal rights, discrimination.

Introduction

The appearance of the concept of the human rights was a result of developments in

humanistic ideas and their perception of increasingly intense. The start, in terms of

chronology can be positioned in antiquity which was concerned with human definition and its

position in society and for bringing the high moral principles, the idea of justice.

1. Institution of the Human Rights

One can appreciate that, a concept of human rights was the result of legal documents

with rich moral and political content, formed in consecration of documents drafted by

lawyers of high prestige to the principles of political organization, based in theoretical works

of universal value that have withstood time

1

.

The concepts of „the human rights” and „the citizen rights” require a careful analysis

of the interference, but also in their individualization, because it makes them but do not

overlap them perfectly. The concept of human rights as developed internationall y, serves as

an important support to substantiate the idea of their rights and liberties. The concept of

human rights has much wider significance than that of civil rights because human rights are

∗

National School of Political and Administrative Studies (NSPAS) Bucharest arina_dragodan@yahoo.com;

Beneficiary of the "Grants to support doctoral research: competitiveness, quality, cooperation in the European

Higher Education Area", project financed by the European Union through the European Social Fund

Operational Programme Human Resources Development 2007 -2013.

1

V. Luncan, V. Duculescu, „Drepturile omului – studiu introductiv, culegere de documente internationale si acte

normative de drept intern”, Ed. Lumina Lex, Bucharest, 1993, p. 61.