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Human Dignity in Romania

  • Living reference work entry
  • First Online:
Handbook of Human Dignity in Europe

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Abstract

The study below focuses on how the legal concept of human dignity is introduced in Romania’s Constitution (amended 2003) and in the country’s Civil Code (2009) and Criminal Code (2009).

The concept of human dignity considered is one defined by the Charter for Fundamental Rights of the European Union (2000), Title I: Dignity, namely Articles 1–5, operationalized—for the research needs—as a list of 15 items.

The results prove that human dignity is reflected well in Romania’s principal legislation. Each of the 15 items is regulated in the mentioned sources, and the regulation’s content is fully compliant with international standards.

The question remaining for further studies is: Why did the best legal standards not produce the best results in society’s behaviour?

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Notes

  1. 1.

    It is implied that the legal concept of human dignity in Romania would be compliant with the concept in other EU countries, as well as with the concept in the applicant countries. (See, as examples, the chapters on Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and especially the contributions on human dignity in the EU or in Macedonia.)

  2. 2.

    Human dignity, as a formula, could cover the legal concept and also the philosophical notion. In other contexts, the formula could be the expression of a theological concept or less than a notion—a simple umbrella for different meanings or even an empty association of propaganda terms.

  3. 3.

    The Council of Europe’s European Convention on Human Rights (1950)—a document signed by Romania—refers to human dignity (without using the syntagma); see http://www.echr.coe.int/Documents/Convention_ENG.pdf, Section I (accessed on 26 November 2017).

  4. 4.

    The multifaceted European philosophical concept of human dignity encompasses, at least, the honor (dignitas) of Cicero, the free choice of Pico della Mirandola, or the personal (moral) responsibility for ontic autonomy of Kant. It is a broad concept.

  5. 5.

    Except for the ban on capital punishment.

  6. 6.

    The comparisons in this respect with the constitutional status of human dignity in the post-Communist countries would be of interest. The basic accounts provided in the related chapters in this book—Human Dignity in Europe—represent a promising start. Similarly, for a complex understanding of the concept of human dignity, a comparative approach with regard to the constitutional status of the concept in the Balkans area—as a predominantly Orthodox Christian space in terms of religion and a space confronted with the non-religious imperatives of the Communist regime—may be interesting. The chapters on “Human Dignity in Bulgaria”; “Human Dignity in Macedonia”, “Human Dignity in Montenegro” and “Human Dignity and the Law in the Republic of Serbia” would be instructive for a better understanding of the cultural grounds of the notion in Romania (accessed on 22 November 2017).

  7. 7.

    Additional Protocol to the Convention on Human Rights and Biomedicine, on Transplantation of Organs and Tissues of Human Origin, 24 January 2002; Additional Protocol to the Convention on Human Rights and Biomedicine, Concerning Biomedical Research, 25 January 2005; Additional Protocol to the Convention on Human Rights and Biomedicine, Concerning Genetic Testing for Health Purposes, 27 November 2008.

  8. 8.

    Ministry of Health Order No. 1527/2014 on the application methodology of Title VI “Making the removal and transplantation of organs, tissues and cells of human origin for therapeutic purposes” of Law No. 95/2006 on health reform with effect from 29 December 2014.

  9. 9.

    It largely reiterates the Palermo Protocol (2000).

  10. 10.

    In Communist Romania, the “conviction to get birth”—according to Decree Law 770/1966 issued by the Communist Romanian State’s Council and active from 1 November 1966 to 1 December 1989—ended up in hidden terrifying experiences. It meant mothers dying in committing unassisted abortions (approximately 9950) and children being born with malformations caused by failed attempts to abort, political control over intimacy and a terrible fear of getting pregnant, police officers investigating women in hospitals…. The motifs of the norm’s issuing—as they were declared in the brief Exposure of Motifs of the Decree—were clearly inspired by a statist philosophy, which did not consider the person’s rights. The state’s reasons (arbitrarily defined by the regime) prevailed unchallenged. The anti-abortion law was created because options for abortions had “grave consequences for women’s health and bring great harm to the natality and the natural growth rate”.

  11. 11.

    Decree No. 1 / December 26, 1989 of the National Salvation Front abrogated 13 Communist laws—laws with a statist perspective (Decree 770/1966 was point 8 in the list of abrogations); see http://www.cdep.ro/pls/legis/legis_pck.htp_act_text?idt=11000 (accessed on 17 November 2017).

  12. 12.

    The state’s need for soldiers, or the dictator’s ambition to achieve growth of the population, could be considered as such.

  13. 13.

    The Universal Declaration on Human Rights was signed by Romania on 14 December 1955 when the country became a member state of the UN, by Resolution R 955 X of the General Assembly.

  14. 14.

    There were individuals and groups (ultraconservative) who, immediately after the tragedy, called the public out against the rock and roll band and against heavy metal music in Romania; see https://www.petitieonline.com/vrem_interzicerea_rock-ului_in_romania (accessed on 6 November 2015).

  15. 15.

    In Romania, petitions to reintroduce the death penalty have been circulated online. Even in 2017, such a petition is open to be signed at https://www.petitieonline.com/introducerea_pedepsei_cu_moartea (accessed on 27 November 2017).

  16. 16.

    UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984; available at https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-9&chapter=4&lang=en (accessed on 14 October 2016), ratified by Romania by the adoption of Law No. 19 on 9 October 1990.

  17. 17.

    UN General Assembly Universal Declaration of Human Rights, 10 December 1948, 217 A (III), signed by Communist Romania on 14 December 1955 when Romania became a member of the UN.

  18. 18.

    5 November 2000: UN Convention Against Transnational Organized Crime, signed by Romania on 14 December 2000 and ratified by the Romanian Parliament in December 2002 (Law No. 565/2002, published in MOf, No. 813, on 8 November 2002, entered into force in January 2004). It includes also two additional protocols: (a) the 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children—signed by Romania on 14 December 2000 and ratified by the Romanian Parliament in December 2002 (Law No. 565/2002, published in MOf, No. 813, on 8 November 2002, entered into force in September 2003); and (b) the 2000 UN Protocol Against the Smuggling of Migrants by Land, Sea and Air Supplementing the United Nations Convention Against Transnational Organized Crime, signed by Romania on 14 December 2000 and ratified by the Romanian Parliament in December 2002 (Law No. 565/2002, published in MOf, No. 813, on 8 November 2002, entered into force in January 2004).

  19. 19.

    2005 Council of Europe Convention on Action Against Trafficking in Human Beings, adopted on 3 May 2005 as Council of Europe Treaty Series (CETS) No. 197 (Warsaw Convention) and open to be signed in Warsaw on 16 May 2005 on the occasion of the 3rd Summit on Trafficking. It was signed by the Romanian state.

  20. 20.

    ANITP is the Romanian National Agency Against Trafficking in Persons; see http://www.anitp.mai.gov.ro/ (accessed on 17 November 2016).

  21. 21.

    Many of the abuses are documented, e.g. in cases accepted by the Court of Human Rights in Strasbourg or in specific press reports, which refer to disrespect for the norms of some criminal investigations, of detainees’ rights, of the right to privacy….

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Authors and Affiliations

  1. Department of Political Sciences, Research Center for Identity and Migration Issues, e-migration.ro, University of Oradea, Oradea, Romania

    Maria Lia Pop

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  1. Maria Lia Pop
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Correspondence to Maria Lia Pop .

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Editors and Affiliations

  1. Faculty of Law, University of Lucerne, Lucerne, Switzerland

    Paolo Becchi

  2. Faculty of Law, University of Lucerne, Lucerne, Switzerland

    Klaus Mathis

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Pop, M.L. (2018). Human Dignity in Romania. In: Becchi, P., Mathis, K. (eds) Handbook of Human Dignity in Europe. Springer, Cham. https://doi.org/10.1007/978-3-319-27830-8_34-1

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  • DOI: https://doi.org/10.1007/978-3-319-27830-8_34-1

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  • Publisher Name: Springer, Cham

  • Print ISBN: 978-3-319-27830-8

  • Online ISBN: 978-3-319-27830-8

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