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Certain Assessments Related To The Importance Of European Court Of Human Rights In The European Law System

Author

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  • Raluca, GHERGHINA

    (“Constantin Brâncoveanu” University, Romania)

  • Ana-Maria, GHERGHINA

    (“Constantin Brâncoveanu” University, Romania)

Abstract

Being so intensely debated in the contemporary world, the human rights issues is acquiring a well defined contour through the human rights protection systems. The role of these systems is to establish a series of fundamental rights and freedoms, so that they can no longer be violated. The main systems of promotion and protection of human rights are: the Inter-American system of human rights protection, the African system and the European system. Two years before the European Convention on Human Rights on 10 December 1948 the Universal Declaration of Human Rights was elaborated by the Constituent Assembly of the UN. It is not an international treaty. In the 30 articles the nobility of the human being was highlighted and man was praised. The text of the Declaration sets out a series of fundamental rights, “a common ideal to be fulfilled” for all people, regardless of race, sex, language, religion, political opinion, national or social origin, property, birth or material status. The provisions of the Declaration caused a worldwide explosion in international law. Thanks to its generous provisions, it has spread rapidly throughout the world and began to be observed as a treaty. Today, the Declaration is cited in the preamble of international treaties, even in some judicial reasons or in the preamble of Constitutions, for instance in the Romanian Constitution from 1991 under Title II, fundamental rights, freedoms and duties, article 20 reference is made to the Universal Declaration of Human Rights.

Suggested Citation

  • Raluca, GHERGHINA & Ana-Maria, GHERGHINA, 2013. "Certain Assessments Related To The Importance Of European Court Of Human Rights In The European Law System," Management Strategies Journal, Constantin Brancoveanu University, vol. 22(Special), pages 225-231.
  • Handle: RePEc:brc:journl:v:23:y:2013:i:s:p:225-231
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    More about this item

    Keywords

    human rights; protection systems; European Convention; European Court of Human Rights; the European Social Charter; the Universal Declaration of Human Rights;
    All these keywords.

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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