Interpretation and Application of the Constitutional Provisions Concerning the Rights and Freedoms of Citizens in Romania

摘要

Fundamental rights and freedoms are, in Romania, the object of constitutional law and part of the 1991 Constitution which enshrines the principles of organization of the new political order after 1989. Human rights are inborn rights, being the same for all people of this world. All people, in their capacity as human beings have acquired the right to enjoy them, regardless of ethnicity, religion or sex. Fundamental rights and freedoms of the human being are subjective, belonging to all citizens. They are guaranteed by the Constitution and national and international laws, becoming indispensable to life, liberty, dignity and future development of the human personality. Through human rights can understand everything that is claimed and allowed a man as a moral norms, social or legal, and hence the different nature of these rights which are grounds both "natural jus" and "jus gentium" and the rules of moral conduct accepted and practiced in a democratic society. In modern democracies, affirmation and respect for human rights is an essential feature of the political and constitutional arrangements in each country, both nationally and internationally. In Romania, the institution of human rights was enshrined in a modern formula since 1866, when the first constitution was drafted and adopted modern Romania. Human rights have relatively recent origins in international law, they essentially appeared after the Second World War, in response to the atrocities committed against human beings. Universal Declaration of Human Rights of 10 December 1948 underlies the process of internationalization.