THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW

Human rights are those rights inherent in people simply by the mere fact of being human. Human rights are an essential feature of a democratic society, an expression of the state’s respect for its citizens, enshrined in constitutions and national laws. Thus, the indestructible association relationsh...

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Main Author: Madalina PREDA (DAVIDOIU)
Format: Article
Language:English
Published: Universitatea de Studii Politice și Economice Europene "C. Stere" 2022-09-01
Series:Supremația Dreptului
Subjects:
Online Access:https://ibn.idsi.md/sites/default/files/imag_file/19-26_24.pdf
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author Madalina PREDA (DAVIDOIU)
author_facet Madalina PREDA (DAVIDOIU)
author_sort Madalina PREDA (DAVIDOIU)
collection DOAJ
description Human rights are those rights inherent in people simply by the mere fact of being human. Human rights are an essential feature of a democratic society, an expression of the state’s respect for its citizens, enshrined in constitutions and national laws. Thus, the indestructible association relationship between the notions of human rights and democratic society becomes apparent, because in the absence of a democratic regime, human rights do not have effectiveness. Another characteristic of society concerns the responsibility to determine what are the restrictions to be imposed on fundamental human rights. By using a research methodology based on legislative and doctrinal analysis, this article aims to argumentatively present that the margin of appreciation of states regarding the restriction of human rights is not absolute, since these limitations have limits that are provided for by international human rights law.
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spelling doaj.art-49787b6edcb64ccb84012887408ebb652023-08-02T11:59:31ZengUniversitatea de Studii Politice și Economice Europene "C. Stere"Supremația Dreptului2345-19712022-09-01231926https://doi.org/10.52388/2345-1971.2022.e2.024THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAWMadalina PREDA (DAVIDOIU)0https://orcid.org/0000-0002-8313-341XPhD student, National Defense University “Carol I”, Bucharest, RomaniaHuman rights are those rights inherent in people simply by the mere fact of being human. Human rights are an essential feature of a democratic society, an expression of the state’s respect for its citizens, enshrined in constitutions and national laws. Thus, the indestructible association relationship between the notions of human rights and democratic society becomes apparent, because in the absence of a democratic regime, human rights do not have effectiveness. Another characteristic of society concerns the responsibility to determine what are the restrictions to be imposed on fundamental human rights. By using a research methodology based on legislative and doctrinal analysis, this article aims to argumentatively present that the margin of appreciation of states regarding the restriction of human rights is not absolute, since these limitations have limits that are provided for by international human rights law.https://ibn.idsi.md/sites/default/files/imag_file/19-26_24.pdfhuman rights fundamental rights fundamental freedoms restrictions on rights exceptional situations security.
spellingShingle Madalina PREDA (DAVIDOIU)
THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW
Supremația Dreptului
human rights
fundamental rights
fundamental freedoms
restrictions on rights
exceptional situations
security.
title THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW
title_full THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW
title_fullStr THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW
title_full_unstemmed THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW
title_short THE RESTRICTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER INTERNATIONAL Human RIGHTS LAW
title_sort restriction of fundamental rights and freedoms under international human rights law
topic human rights
fundamental rights
fundamental freedoms
restrictions on rights
exceptional situations
security.
url https://ibn.idsi.md/sites/default/files/imag_file/19-26_24.pdf
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