Human Rights in the Context of Cultural Diversity

• Author: Emilian Ciongaru
• Position: Associate researcher, PhD, Institute of Legal Research 'Acad. Andrei Radulescu' of the Romanian Academy, Romania
• Pages: 35-42

Human Rights

Abstract:

The human rights unde

considered as universal –

they apply

exist in two ways: as natural or leg

rights doctrine in the international pr

the state policies and the activities o

from all over the world regardless

manage the ethnic-

cultural commun

separation a nd not to

the reu nion o

factors whereas the a ffective spiritua

this purpose, s erving justice having

on the social feelings of humanity.

Keywords:

cultural diversity; human

In reality, human rights have been

acknowledged not only by the na

effectively engaged in their observa

condu

ct an internal and internationa

rights and liberties.

Despite all these, the concept of

hu

specific to the 20

th

century, but it i

s n

These rights are inspired from a pla

and the need to establish a new inte

the gu

arantee by the state of the soci

enjoy their rights. Without them, the

The idea of human rights

goes dow

historical philosophy founded by

recognition of their own dignity and

universal human righ

ts (Malcom, 20

1

Associate researcher, PhD,

Institute of Le

Address: 13th September Ave

nue, corp B

Corresponding author: emil_ciongaru@yaho

2

The

Universal Declaration of Human Righ

10 December 1948 at

Palais de Chaillot, Par

and represents the first global expression of

The

European Convention on Human

Righ

Fundamental Freedoms

) is an international

1950 by the then newly formed

Council of

Europe member states ar e party to the Con

opportunity.

Legal Sciences in the New

hts in the Context of Cultural Diversity

Emilian Ciongaru

1

nderstood in the sense of fundamental inalienable rights are

ply to everything and egalitarian

–

they are the same for all and

legal ri ghts, both in the

national and international legislation. T

l practice within the international law, the global and regional insti

s of non

-governmental organizations was a corner ston

e of publi

ess of peoples’ cultures.

At world level, cult ural diversity whi

unities living on the t erritory of a s tate often contributes, in fa

of peoples, the ideological and political factors acting rather a

itual connection exists only between the states having deep simila

ng as a goal the pres

ervation of human rights is also affected sinc

an rights; serving justice; national authorities; fundamental liberti

en noted in

declarations

2

that were and are officially

national or international authorities (Andreescu &

rvance, but also by allegedly democratic authorities w

nal policy for the permanent violation of some funda

human rights

apparently creates the impression that

s not absolutely new in the history of mankind.

planetary conception taking into account the world in

international political and economic order based on ju

ocial

-

economic and cultural conditions that allow ever

the implementation of civil and political rights is not po

own to ancient times such

as 300 B. C. when in the

y Zeno the idea that each individual is entitled t

and their respect as a person took shape. In antiquity,

2008, pp. 45

-51)

did not exist, however the antique s

Legal Research “Acad. Andrei Radulescu” of the Romanian Ac

B, 4th floor, Sector 5, 050711 Bucharest, Romania

.

Tel.: +40

hoo.com.

ights

(UDHR) is a declaration adopted by the

United Nations Gen

Paris. The Declaration arose di rectly from the experience of the S

rights to which all human beings are inherently entitled.

ights

(ECHR) (formally the

Convention for the Protection of H

al treaty to protect

human rights and fundamental freedoms in

E

of Europe, the conv

ention entered into force on 3 September 195

onvention a nd new m embers are expected to ratify the c onvent

New Millennium

35

re therefore

nd they may

. T he human

stitutions, in

blic policies

hich should

fact, to the

r as division

ilarities. For

ince it relies

erties

lly accepted and

& Puran, 2012)

s which, in fact,

damental human

hat it is an issue

interdependence

justice aimed at

verybody to fully

t possible.

he Greek

-Roman

to ask for the

y, the concept of

e societies had a

Academy, Romania,

40 021/318 81 30

.

eneral Assembly

on

Second World War

Human Rights and

Europe. Drafted in

953. All Council of

ention at the ear liest