HUMAN DIGNITY IN ROMANIAN LAW

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.

Summary

European Union Law

International Law