RIGHTS AND LIBERTIES OF THE HUMAN BEING WITHIN THE DEMOCRATIC SOCIETY IN-BETWEEN ALLEGEDLY EXCESSIVE IMPORTANCE AND LACK
During the recent couple of years the objectiveness of reality has situated each of the human beings from this planet in front of some eventual circumstances which have determined all of us to take into a serious consideration a few rather complicated existential issues. In respect to these issues the various found answers have come to generate a worldwide spread trend of social discomfort turned into grief; or this intense but however still fuzzy inner sensation has further come to often materialize itself through some social movements carried on throughout the streets of various localities which have been also accompanied by some violent manifestations. We have therefore to remark the existence of a rather surprising fact namely the one that the respectively invoked motivations of these manifestations have been less related to economic issues – such as the size ranges of the granted wage rights or the lack of jobs – since the expressed griefs assumed by those participants did instead concern the restrictions which had been de facto operated within the respective spheres of some among their own fundamental rights and liberties. Since we have to take into consideration the fact that the usual dimensions of an ordinary paper destined to a journal could in no way at all allow us to exhaustively discuss the typological multitude of figure cases which could involve the outburst of social griefs we have thus chosen to analyze two situations only. The former studied case is the affliction which could be brought to the citizens ‘own fundamental rights and liberties through the excessively noisy proclaiming of the rights to which are entitled some minorities. The latter studied case to which we have by the way chosen to allow an extreme importance is the one of the limitations which have been brought to the citizen’s own fundamental rights and liberties while justifying these limitations through the invoked ground of the chosen public health policies to be applied as actions to be taken in order to strive against the so-called “COVID-19 pandemics” which has been generated by the “acute severe coronavirus 2 respiratory failure syndrome (SARS-CoV-2)”1. The present work does include a few opinions which do make references towards the modalities of social action which have been chosen as most appropriate to be taken by the entities to which are imparted by the law the respective decision-making competencies insofar the citizens ‘own fundamental rights and liberties could be concerned should these respective entities be situated at the national level, at the E.U.’s level and worldwide. Since these entities have initially been vested with their respective powers in order to take actions from which the individual human person should only benefit the current and effective extent is thus analyzed until which the above mentioned individual human person does indeed continue to be the real beneficiary of the concretely taken actions. The present work does attempt to offer a possible answer brought to the by now acutely arisen question: until where could the state be entitled to intervene by its actions taken in order to restrict some among the citizen’s own fundamental rights and liberties in virtue of the explicitly declared intentional motivation of protecting and standing as the warrant of the same citizen’s own fundamental rights and liberties? The regulatory actions which had been taken and which aimed to discipline the human conduit for the purpose of protecting the same citizen’s own fundamental rights and liberties have been especially taken into consideration. The actions taken in respect to this matter by the entities which do pertain to the sphere of public dministration have as well been analyzed because their regulatory taken action is lawfully due to be immediately followed by the practical applying by the citizens themselves of the concerned juridical norms with the support duly brought to this effect by the public administration’s personnel. The issue has also been analyzed of what respective parts should play the civic training as well as self-imposed discipline throughout the respective social processes of protecting and warranting for the citizen’s own fundamental rights and liberties in the respective cases of both small and extended human collectivities; this was done in view of the fact that the deeds of each among the individual human persons are eventually determined by her own perspective upon and understanding of the philosophical concepts of owned fundamental right and liberty own fundamental rights and liberties respectively by her own possible extent of understanding the effective importance which is indeed held by each among the individual persons throughout the general circuit of the currently racticed social relationships. The present work does as well contain a few de lege ferenda suggestions.
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• The Constitution of Romania
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• Decision no. 94 of 25.10.2021 regarding the establishment of additional measures necessary to be applied during the state of alert to prevent and combat the effects of the COVID-19 pandemic.
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