Functional Regimes in the Domain of Human Rights

• Author: Victoria Scripnic, Andy Pusca
• Pages: 217-228

The Immigrant’s Legal Status in International Law

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Functional Regimes in the Domain of Human Rights

Victoria Scripnic1, Andy Pușcă2

Abstract: In this study we will analyze briefly the main regimes in the domain of human rights, arising from

the breach of rights and guarantees by the states to its citizens, the categories of persons arising as a result of

failure to fulfill obligations of govern ments and specifying the legal regulations by which the man can regain

the needed protection; in a separate chapter we will examine the regimes of refugees and asylum seekers,

which raise separate issues in the context of migration of people in the recent years in the context of Muslim

people migration towards the European countries.

Keywords: human rights; race; education; children; immigrants

1. Introduction

With the advent of the first laws of societies organized in states, some unfavorable social strata were

gradually recognized, and not only, by prohibiting barbaric practices such as torture, enslavement, or

confiscation of property without a fair trial, citizens' rights such as the right to property, the right to be

free, the right to choose their leaders, to protest and even the right to happiness originally found in

Roman law and Greek antiquity, which have better explained the relationship between the individual,

the religion and the secular state, elaborating the notion of a natural right in which man is the master of

his destiny, and the laws are replicas of an eternal, immutable and universal right which implacably

implies social relations. (Dragoman, 2008, p. 11)

Although the attempt to identify common rights and dignities of the common man has been felt over

many centuries, the most important recognition has taken place through the United Nations Universal

Declaration of Human Rights (DUDO), the United Nations Charter, the International Charter of

Human Rights, a relatively recent recognition in relation to the hundreds of years in which bases of

human rights regulation were basically outlined and established.

There is an indispensable link between a state and its citizens, which consists in ensuring, on the one

hand, by the state the respect for citizens' fundamental rights and freedoms and, on the other hand, the

obligation of the citizens to assume and respect their duties towards the state. This would be the

perfect formula that would enable a common man to live a dignified life with a beautiful and without

the concern for the next day, thus contributing to the balance and the favorable development of the

society he is part of. However, there are situations in which governments are unable or unwilling to

1 Tutor, PhD Student, University of European Studies of Moldova, Republic of Moldova, Address: Ghenadie Iablocikin 2/1

Str., Chisinau 2069, Republic of Moldova, Tel.: +373 22 509 122, E-mail: victoriascripnic@univ-danubius.ro.

2 Associate Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati

800654, Romania, Tel.: +40372361102, Corresponding author: andypusca@univ-danubius.ro.