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PROJECT LAW

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Anna Maria

on 1 November 2013

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Transcript of PROJECT LAW

photo credit Nasa / Goddard Space Flight Center / Reto Stöckli
Fundamental Knowledge about Human Rights

Human freedoms

Human rights and freedoms in Romania Constitution
Topic 6
BIBLIOGRAPHY:
venice.coe.int/cecc/Roumania.pdf
facinghistory.org
refworld.org
state.gov/documents/organization/186606.pdf
prezi.com
cde.ro
youtube.com
wikipedia.com
Project presented by:

ARCIP ANDRA ELIZA
CRISTE ANDREI
SIMINA ANA-MARIA


SERIA: 06
GRUPA: 1
PROFIL: Finance Banking

HUMAN RIGHTS AND FREEDOMS IN ROMANIA CONSTITUTION
*WHAT ARE THEY?

*WHAT IS A HUMAN RIGHT?




Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other conditions.
We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.


They are “rights” because they are things you are allowed to do or to have. These rights are there for your protection against people who might want to harm or hurt you. They are also there to help us get along with each other and live in peace.

Human rights are based on the principle of respect for the individual. Their fundamental assumption is that each person is a moral and rational being who deserves to be treated with dignity.

Many people know something about their rights. Generally they know they have the right to food and a safe place to stay.

When human rights are not well known by people, abuses such as discrimination, intolerance, injustice, oppression and slavery can arise.

Human rights
history


Human right is a concept that has been constantly evolving through human history.

It was in ancient Greece where the concept of human rights began to take a greater meaning than the prevention of persecution. Human rights became synonymous with natural rights, rights that sprang from natural law.

There are important differences between human rights of today and natural rights of the past.



For example, during the past, it was perfectly natural to keep slaves working hard. Nowadays, this practice goes counter to the ideas of freedom and equality that we associate with human rights.
Additionally, through much of history, people acquired rights and responsibilities through their membership in a group such as a family, religion, class, community, or state.
1. The right to education
2. The right to your own things
3. The right to democracy
4. The right to play
5. No one can take away your human rights
6. You have rights no matter where you go
7. We're all equal before the law
8. Your human rights are protected by law
9. No unfair detainment
10. The right to trial
11. We're always innocent till proven guilty
12. The right to privacy
13. Right to life
14. The right to seek a safe place to live
15. Freedom of thought

WHAT IS HUMAN FREEDOM? AND ARE WE IN FULL
CONTROL OF ABSOLUTE FREEDOM?

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Everyone is entitled to all the rights and freedoms, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
The idea of freedom as autonomy thus goes beyond the merely ‘negative’ sense of being free from influences on our conduct originating outside of ourselves.
It contains first and foremost the idea of laws made and laid down by oneself, and, in virtue of this, laws that have decisive authority over oneself.
THE PAST

Anthropologically, freedom is engrained in us through our genetics. Ancient humans were free to roam the earth, without any restrictions based on laws, religion, or the nature of the person. Each human was an equal, and existed in a relatively peaceful environment. Early humans would have acted on instinct alone. That sense of living in the now – and not for the future – is something that made early humans unique. As human freedom evolved over time, it could be argued that humans have become less and less free as society becomes more and more advanced.

MODERNIZATION


Human freedom evolves over time as cultures evolve. As different types of leadership exist throughout history, different types of freedom – relating to those leadership styles – exist. The earliest recorded definitions on freedom stem from the earliest of advanced civilizations: the Sumerians. In the 24th century BC, a codified law on economic freedom was established.
THE FUTURE?


Cultural anthropologists look at things like socialization, ethnocentrism, language, communication, and economics. They would be the anthropologists that would look at human freedom. As stated before, different cultures have different definitions of freedom. Communication has a great connection to human freedom. The ability to communicate about certain things is a part of our human freedom.
Conclusion:
Why do human rights and freedoms matter?


To Romania, just as to the European Union, observance of human rights is a foreign policy priority.
Under the Constitution, Romania is a democratic and social state ruled by law. In the spirit of the Romanian people’s democratic traditions and of the December 1989 Revolution, Romania cherishes and guarantees, as supreme values, human dignity, civil rights and freedoms, the free development of human personality, justice and political pluralism.

Romania has ratified most of the universal and European human rights treaties. Under article 20 of the Constitution of Romania:
Constitutional provisions on civil rights and freedoms shall be interpreted and applied in agreement with the Universal Declaration of Human Rights, with the covenants and the other treaties Romania is a party to.
In case there are differences between the covenants and treaties on fundamental human rights to which Romania is a party and the domestic laws, international regulations shall prevail, except where the Constitution or domestic laws contain more favourable provisions.

Starting from these principles, Romania has been acting internationally for the establishment of strong institutions to defend human rights. Alongside the EU partner states, in 2006 Romania contributed to the setting up of the UN(UNITED NATIONS) Human Rights Council.
Romania was elected a member of the Council for a two-year term over 2006-2008. Between June 2007 and June 2008, this country was the first EU member state to hold the presidency of the Human Rights Council since its creation. Moreover, Romania is running for another term in 2011-2014.


THE CONSTITUTION OF ROMANIA WAS ADOPTED IN THE CONSTITUENT ASSEMBLY SESSION
OF NOVEMBER 21, 1991 AND ENTERED INTO FORCE PURSUANTTO ITS APPROVAL BY THE NATIONAL REFERENDUM OF DECEMBER 8, 1991.

CONTENTS
TITLE I
General principles ................................................................... 183
TITLE II
Fundamental rights, freedoms and duties ........................ 188
CHAPTER I
Common provisions ..................................................................................... 188
CHAPTER II
Fundamental rights and freedoms........................................................... 191
CHAPTER III
Fundamental duties ..................................................................................... 208
CHAPTER IV
Advocate of the People................................................................................ 210

TITLE III
Public authorities.................................211
CHAPTER I
Parliament...................................... 211
SECTION 1
Organization and functioning................................... 211
SECTION 2
Status of Deputies and Senators..................................... 216
SECTION 3
Legislation .......................219
CHAPTER II
The President of Romania................................. 224

CHAPTER III
The Government ........................................................................................... 234
CHAPTER IV
Relations between Parliament and the Government........................... 240
CHAPTER V
Public administration .................................................................................. 243
SECTION 1
Specialized central public administration............................................................ 243
SECTION 2
Local public administration..................................................................................... 245
CHAPTER VI
Judicial authority .......................................................................................... 247
SECTION 1
Courts of law ............................................................................................................... 247
SECTION 2
The Public Ministry ................................................................................................... 250
SECTION 3
Superior Council of the Magistracy ....................................................................... 251
TITLE IV
Economy and public finance ................................................ 252
TITLE V
Constitutional Court................................................................ 256
TITLE VI
Revision of the Constitution ................................................. 260
TITLE VII
Final and transitory provisions ............................................ 262
TITLE II
Fundamental rights, freedoms
and duties
Some of the fundamental rights and freedoms are:
ARTICLE 22 - Right to life, to physical and mental integrity 
ARTICLE 23 - Individual freedom 
ARTICLE 24 - Right to defence 
ARTICLE 25 - Freedom of movement 
ARTICLE 26 - Personal and family privacy 
ARTICLE 27 - Inviolability of domicile 
ARTICLE 28 - Secrecy of correspondence 
ARTICLE 29 - Freedom of conscience 
ARTICLE 30 - Freedom of expression 
ARTICLE 31 - Right to information 
ARTICLE 32 - Right to education 
ARTICLE 33 - Access to culture 
ARTICLE 34 - Right to protection of health 
ARTICLE 35 - Right to a healthy environment 
ARTICLE 36 - Right to vote 
ARTICLE 37 - Right to be elected 
ARTICLE 38 - Right to be elected to the European Parliament 
ARTICLE 39 - Freedom of assembly 
ARTICLE 40 - Right of association 
ARTICLE 41 - Labour and social protection of labour 
ARTICLE 42 - Prohibition of forced labour 
ARTICLE 43 - Right to strike 
ARTICLE 44 - Right of private property 
ARTICLE 45 - Economic freedom 
ARTICLE 46 - Right of inheritance 
ARTICLE 47 - Living standard 
ARTICLE 48 - Family 
ARTICLE 49 - Protection of children and young people 
ARTICLE 50 - Protection of disabled persons 
ARTICLE 51 - Right of petition 
ARTICLE 52 - Right of a person aggrieved by a public authority 
ARTICLE 53 - Restriction on the exercise of certain rights or freedoms



Romania has ratified most of the universal and European human rights treaties. Under article 20 of the Constitution of Romania:
" Constitutional provisions on civil rights and freedoms shall be interpreted and applied in agreement with the Universal Declaration of Human Rights, with the covenants and the other treaties Romania is a party to."
In case there are differences between the covenants and treaties on fundamental human rights to which Romania is a party and the domestic laws, international regulations shall prevail, except where the Constitution or domestic laws contain more favourable provisions.
PERSONALITIES OF HUMAN RIGHTS



Eleanor Roosevelt


Born in New York City on October 11, 1884, Eleanor Roosevelt—the niece of Theodore Roosevelt—was one of the most outspoken women in the White House. She married Franklin D. Roosevelt in 1905. During her husband's presidency, Eleanor gave press conferences and wrote a newspaper column. After his death, she served at the United Nations, focusing on human rights and women's issues.

Universal Declaration of Human Rights

On December 10, 1948, shortly after the devastation of World War II and the horrors of the Holocaust, the newly formed United Nations (U.N.) General Assembly passed the Universal Declaration of Human Rights (UDHR). At the time, Eleanor Roosevelt, the chairperson of the Commission on Human Rights, the group that researched and wrote the document, said:
" Man's desire for peace lies behind this Declaration. The realization that the flagrant violation of human rights by Nazi and Fascist countries sowed the seeds of the last world war has supplied the impetus for the work which brings us to the moment of achievement here today."
Passing this Declaration marked an international desire for peace and the beginnings of a system to protect basic human dignity and freedoms. The UDHR has since inspired many individuals and policymakers around the world to work toward a better world.






Martin Luther King

Martin Luther King, Jr. (January 15, 1929 – April 4, 1968) was an American clergyman,
activist, humanitarian, and leader in the African-American Civil Rights Movement. He is best known for his role in the advancement of civil rights using nonviolent civil disobedience. Martin LutherKing has become a national icon in the history of American progressivism.
On October 14, 1964, King received the Nobel Peace Prize for combating racial inequality through nonviolence.
Martin Luther King also helped to organize the 1963 March on Washington, where he delivered his "I Have a Dream" speech. There, he established his reputation as one of the greatest orators in American history.
Martin Luther King was assassinated on April 4, 1968, in Memphis, Tennessee. His death was followed by riots in many U.S. cities.






Nelson Mandela, one of the most recognizable human rights symbols of the twentieth century, is a man whose dedication to the liberties of his people inspires human rights advocates throughout the world.
Born in Transkei, South Africa, Mandela was the son of a tribal chief, and educated himself with a university degree and law degree. In 1944, he joined the African National Congress (ANC) and actively worked to abolish the apartheid policies of the ruling National Party. On trial for his actions, Mandela declared, “I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if need be, it is an ideal for which I am prepared to die.”

Mahatma Gandhi



Mahatma Gandhi was born on October 2nd 1869 in Porbandar. It is a coastal town on the Kathiawar Peninsula and then part of a small state of Porbandar in Kathiawar Agency of the British Indian Empire. His mothers name was Putilibai and she was from Pranami.. Gandhi was the 4th child born in his family. The Indian classics stories of Shavana and King Harishchandra had a great impact on Gandhi and his childhood. In his autobiography he admits that they left an incredible impression on his mind. He writes " It haunted me and I must have acted Haishchandra to myself times without numbers."
Mohatma Gandhi is considered the father of the Indian independence movement. Gandhi spent 20 years in South Africa working to fight discrimination. It was there that he created his concept of satyagraha, a non-violent way of protesting against injustices. While in India, Gandhi's obvious virtue, simplistic lifestyle, and minimal dress endeared him to the people. He spent his remaining years working diligently to both remove British rule from India as well as to better the lives of India's poorest classes. Many civil rights leaders, including Martin Luther King Jr., used Gandhi's concept of non-violent protest as a model for their own struggles.
He died on January 30 1948.
HUMAN RIGHTS
ORGANIZATIOS
Many organizations around the world dedicate their efforts to protecting human rights and ending human rights abuses. Major human rights organizations maintain extensive websites documenting violations and calling for remedial action, both at a governmental and grass-roots level. Public support and condemnation of abuses is important to their success, as human rights organizations are most effective when their calls for reform are backed by strong public advocacy. Below are some examples of such groups.

Amnesty International is a worldwide movement of people who campaign for internationally recognized human rights for all. With more than 2.2 million members and subscribers in more than 150 countries, they conduct research and generate action to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated.

Children’s Defense Fund (CDF): The CDF is a child advocacy organization that works to ensure a level playing field for all children. CDF champions policies and programs that lift children out of poverty, protect them from abuse and neglect and ensure their right to equal care and education. 

The Human Rights Action Center is a nonprofit organization based in Washington, DC, headed by Jack Healey, world-renowned human rights activist and pioneer. The Center works on issues of the Universal Declaration of Human Rights and uses the arts and technologies to innovate, create and develop new strategies to stop human rights abuses. They also support growing human rights groups all over the world.

The Office of the United Nations High Commissioner for Human Rights’ mission is to work for the protection of human rights for all people; to help empower people to realize their rights; and to assist those responsible for upholding such rights in ensuring that they are implemented.

The US State Department’s Bureau of Democracy, Human Rights and Labor strives to learn the truth and state the facts in all of its human rights investigations, annual reports on country conditions, etc. The bureau takes action to stop ongoing abuses and maintains partnerships with organizations committed to human rights.
HUMAN RIGHTS ARTICLES EXAMPLES
Nelson Mandela
Full transcript