Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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HUMAN DIGNITY IN ROMANIAN LAW

Elena-Mihaela FODOR

 Dignity is a concept that has evolved according to the moral and ethical requirements of a certain

time and space, following the shifts of life of the community which sanctions it. It has come to signify
the birth-given right of the individual to be valued by others and to be treated accordingly. Regarding
the legal aspect of dignity, it is undisputed that it is one of the fundamental rights of the human being.
It is no longer a question of whether one realizes or wastes dignity, because the law is made to protect
this value no matter what the actual situation of one is in society. As according to the Romanian
Constitution the international conventions ratified by Romania take precedence over national
legislation, the same being valid for European Treaties and other mandatory community regulations,
these international legal norms are included in the national legislation. Their legal force is equal to the
force of the Constitution. The paper analyses the legal frame for protection of dignity in Romania
through the international conventions protecting human rights that Romania has adhered to, its
Constitution, the Civil code (Law No. 287/2009) and the Criminal code (Law No. 286/2009). Case
law of the European Court of Human Rights, which enlarges the normative field by including in the
interpretation of the European Convention of Human Rights other international acts, and of the
European Court of Justice is presented. Although a very wide concept, human dignity is perceived in
connection with other human rights in a common manner in the international community. Romanian
legislation is in line with international norms, but not always correctly applied.

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