RIGHTS AND LIBERTIES OF THE HUMAN BEING WITHIN THE DEMOCRATIC SOCIETY IN-BETWEEN ALLEGEDLY EXCESSIVE IMPORTANCE AND LACK

  • Prof. Alina-Livia Nicu, PhD. Habil. Facultatea de Drept, Universitatea din Craiova
Keywords: rights and liberties of the human being, democratic society, positive discrimination, positive action, restriction

Abstract

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.

References

• Ioan Alexandru, Mihaela Cărăuşan, Ilie Gorjan, Ivan Vasile Ivanoff, Cezar Corneliu Manda, Alina-Livia Nicu, Crina Rădulescu, Cătălin Silviu Săraru, Dreptul administrativ în Uniunea Europeană. Drept administrativ comparat. Drept administrativ al Uniunii Europene/ Administrative law in the European Union. Comparative administrative law. Administrative law of

the European Union, Bucharest, Lumina Lex, 2007.

• Emanuela Ignăţoiu Sora, Egalitate şi nondiscriinare în jurisprudenţa Curţii Europene de Justiţie/ Equality and non - discrimination in the case law of the European Court of Justice, Bucharest, C. H. Beck, 2008.

• Octavian Manolache, Drept comunitar/ Community law, III-rd edition, Bucharest, All Beck, 2001.

• Alina Livia Nicu, Fenomenul administrativ şi integrarea socială a romilor. Discriminarea pozitivă – un mijloc real de integrare socială?/ The administrative phenomenon and the social integration of the Roma. Positive discrimination - a real means of social integration?, Craiova, Sitech, 2014.

• Dicţionar explicativ al limbii române/ Explanatory dictionary of the Romanian language, Bucharest, Univers enciclopedic, 1998.

• Dicţionar explicativ al limbii române/ Explanatory dictionary of the Romanian language, Bucharest, Editura Academiei Republicii Socialiste România, 1975.

• The Constitution of Romania

• Decree no. 240 of April 14, 2020 on the extension of the state of emergency on the territory of Romania, issued by the President of Romania.

• 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.

• Government Decision no. 1.090 / 2021 regarding the extension of the alert status on the Romanian territory starting with October 10, 2021, as well as the establishment of the measures that will be applied during its duration to prevent and combat the effects of the COVID-19 pandemic

• Government Decision no. 1.161 of October 25, 2021 for the amendment and completion of annexes no. 2 and 3 to the Government Decision no. 1,090 / 2021 regarding the extension of the alert status on the Romanian territory starting with October 10, 2021, as well as the establishment of the measures that will be applied during its duration to prevent and combat the effects of the COVID-19 pandemic

• Military Ordinance no. 3 of 24.03.2020 on measures to prevent the spread of COVID-19, issued by the Ministry of Internal Affairs, published in the Official Monitor of Romania no. 242 of March 24, 2020

• Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019 on enhancing the security of Union citizens’ identity cards and residence permits issued to citizens of the Union and their family members exercising their right to free movement.

https://ro.wikipedia.org/wiki/Pandemia_de_COVID-19

https://ro.wikipedia.org/wiki/Victime_ale_Revolu%C8%9Biei_Rom%C3%A2ne_de_la_1989

http://istoria-romaniei.blogspot.com/2009/12/lista-martirilor-decedati-la-revolutia.html .

https://www.digi24.ro/special/campanii-digi24/1989-anul-care-aschimbat-lumea/istoria-televiziunii-in-romania-de-la-doua-ore-de-program-pe-zi-la-750-de-canale-cu-program-non-stop-34059https://www.rador.ro/2018/02/19/1985-ceausescu-a-hotarat-televiziunea-romana-sa-functioneze-doar-doua-ore-pe-zi/

https://adevarul.ro/locale/focsani/cum-circulau-masinile-alternativ-vremea-ceausescu-duminica-strazi-erau-doar-autoturisme-numar-par-cealalta-duminica-circula-impar-_598462315ab6550cb8bce669/index.html

http://legislatie.just.ro/Public/DetaliiDocument/96559

https://www.hotnews.ro/stiri-international-22971980-parinte-1-parinte-2-inlocuieste-mama-tata-formularele-scolare-din-franta-proiect.htm

• nouvelobs.com

https://www.nouvelobs.com/education/20190213.OBS0078/parent-1-et-parent-2-un-amendement-consacre-l-homoparentalite-dans-les-formulaires-scolaires.html?fbclid=IwAR031MYEW3y-re-

DdGJQj9eINJw7IG1RJgj0LGcxan8UUfjVy9V1WicMJDkY

https://stirileprotv.ro/stiri/social/parlamentul-european-cuvintele-mama-si-tata-ar-trebui-evitate-in-documentele-oficiale-la-nivel-european.html

https://www.g4media.ro/precizarile-parlamentului-european-dupa-ce-un-eurodeputat-italian-a-declarat-ca-pe-ar-fi-realizat-ghidul-limbajului-sensibil-de-uz-intern-care-interzice-utilizarea-termenilor-de.html

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-23

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-25

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-26

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-Le-Monde3-27 https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-34

https://fr.wikipedia.org/wiki/Le_Grand_Dictionnaire_terminologique.

http://gdt.oqlf.gouv.qc.ca/ficheOqlf.aspx?Id_Fiche=2068644

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-3

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-4

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-y1-7

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-8 https://fr.wikipedia.org/wiki/Discrimination_positive#Bacharan_2005

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-y1-7

https://fr.wikipedia.org/wiki/Discrimination_positive#cite_note-16

https://eur-lex.europa.eu/legal-content/FR/TXT/HTML/?uri=CELEX:61991CJ0206&from=IT

Rights and Liberties of the Human Being Within the Democratic Society … 567

https://www.digi24.ro/stiri/economie/agricultura/localitatea-dabuleni-ar-putea-deveni-prima-zona-de-desert-a-romaniei-pe-langa-pepeni-se-vor-cultiva-kiwi-curmale-si-maslini-1252866

https://romania.europalibera.org/a/certificat-verde-senat/31531749.html

https://www.agerpres.ro/social/2021/10/25/hotararea-cnsu-nr-94-din-25-octombrie-2021-text-integral--802449

https://ziare.com/social/romani/romania-amendata-de-cedo-pentru-incalcarea-drepturilor-persoanelor-transgender-prin-lipsa-unei-proceduri-de-modificare-a-genului-in-acte-1657431

Published
2022-06-17
How to Cite
Nicu, PhD. Habil., P. A.-L. (2022). RIGHTS AND LIBERTIES OF THE HUMAN BEING WITHIN THE DEMOCRATIC SOCIETY IN-BETWEEN ALLEGEDLY EXCESSIVE IMPORTANCE AND LACK. Journal for Freedom of Conscience (Jurnalul Libertății De Conștiință), 9(3), 530-567. https://doi.org/10.5281/zenodo.6574259