HUMAN DIGNITY IN ROMANIAN LAW

Rezumat

"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 that 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 per the Romanian Constitution, international conventions ratified by Romania take precedence over national legislation, and the same applies to European Treaties and other mandatory community regulations, with these international legal norms being included in national legislation. Their legal force is equal to that of the Constitution. The paper analyzes the legal framework for the 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."