The main rights guaranteed both internationally and in Romania

• Author: Ramona-Gabriela Paraschiv
• Position: Univ. Lecturer, Faculty of Law and Administration Christian University 'Dimitrie Cantemir
• Pages: 62-66

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2015), pp. 62-66

62

THE MAIN RIGHTS GUARANTEED BOTH INTERNATIONALLY AND IN

ROMANIA

R. G. Paraschiv

Ramona-Gabriela Paraschiv

*Correspondence:

Univ. Lecturer – Faculty of Law and Administration

Christian University „Dimitrie Cantemir”

e-mail: ramonaparaschiv@rocketmail.com

Abstract

There are many human rights enshrined on an international and national level, yet some

of them – especially the ones regarding economy, social and cultural – there are no sufficient

guarantees in regard to their possible practice.

Guaranteeing by the positive right of the human right involves the concrete control over

their practice, consisting in non-legal or legal procedures made to ensure practice or

settlement of different occurrences concerning the respective rights.

Keywords: rights, freedom, effective guarantee, international regulations, national

regulations

Introduction

Consecration of human rights and of their protective means through international

universal conventions or regional ones or through internal normative documents is essential

for the control procedure functioning and jurisdiction, achieved by responsible bodies, to

ensure the necessary conditions for their practice.

There are a lot of freedoms and rights, yet not all of them are effectively guaranteed,

in what regards to their practice, more or less, as economic rights, social and cultural ones.

From the effective guaranteed rights and freedoms, in the doctrine1 are mainly

analysed: the right to indiscrimination, persons integrity, legal person freedoms, rights of

procedure, right to respect the private and family life, freedom of thought, freedom of social

and political action, right to own.

The effectively guaranteed rights and regulations regarding their insurance

a) The restriction of discrimination. Proclaimed in art. 1 of the Universal statement

of human rights, the principle of indiscrimination where it has it origin in the general

postulate of the equal dignity of all human beings.

According to the European Convention of the human rights, party states have the task

to adopt legal and administrative measures to overcome and sentence the discrimination

occurred from persons under their jurisdiction2, otherwise the discriminated being able to

address themselves to the European Court of Human Rights.

Art. 16 from the Romanian Constitution proclaims the principle of equality among the

citizens in front of the law and public authorities, without privileges and discriminations, no

one being above the law. Likewise, in art. 4 p. 2 shows that „Romania is the indivisible and

common homeland of all its citizens, without racial, nationality, ethnic origin, language,

religion, opinion, political affiliation, wealth or social origin distinctions”.

1 F. Sudre, Drept european şi internaţional al drepturilor omului (traducere), Polirom Publishing house, Iaşi, 2006, pp. 201-411.

2 R. Chiriță, Convenţia europeană a drepturilor omului. Comentarii şi aplicaţii, vol. I, second edition, CH Beck Publishing house, Bucharest,

2007, p. 609.