Human Rights, International and Constitutional Guarantees - Concept and Evolution. Elements that Lead to the Need for Coding of Human Rights

• Author: Emilian Ciongaru
• Position: Professor, PhD, University Bioterra Bucharest; Associate scientific researcher, Romanian Academy - Institute of Legal Research 'Acad. Andrei Radulescu', Bucharest, Romania
• Pages: 17-24

ISSN: 2067 – 9211 Legal and Administrative Sciences in the New Millennium

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Human Rights, International and Constitutional Guarantees - Concept and

Evolution. Elements that Lead to the Need for Coding of Human Rights

Emilian Ciongaru1

Abstract: The science of human rights is influenced by the other social sciences because the areas taken into

consideration were and are in contact with other areas belonging to other disciplines, and they are not few in

number. Thus, the chains of interference between disciplines have a high frequency. In our times, we are

witnessing a continuous fragmentation of the social sciences in specialisations more or less narrow. Human

rights are initially studied in parallel with two or more disciplines. Gradually, a new field was institutionalised,

which, by emancipation, was recognised as independent. It has rightly been said that the history of science is

the history of the multiplication and diversification of subdisciplines, which, by maturing, were recognised as

disciplines. This is the case for the science of human rights. The field of human rights was created by successive

contributions arising from r esearching the great principles in the field, of the normative provisions, of the

institutions. However, as any other theoretical, pure and a pplied science, the science of human rights has

progressed through the alternation of periods of brightness and others of obscurity.

Keywords: human rights; law; justice; human behavior; juridical rules; society

1. Introductory Elements

The origins or prefigurations of human rights are lost in the mist of time and looking for the sources, the

regulations which govern them begins with studying the traditions, customs, archaeological traces, the

first written testimonies. Human rights have evolved throughout history, reaching the forms which we

know nowadays. (Miga-Besteliu & Brumar, 2010, p. 5)

In an international document (Projet de plan a moyen terme pour 1977-1982 (19C/4) UNESCO

Document, p. 7, par. 11-22) it is stated that human rights are neither a new morality, nor a lay religion;

they are much more than a language common to all mankind. They are requirements that human beings

must study and integrate in their culture according to their own rules and methods, no matter the diversity

of their preoccupations.

Human rights have had a prodigious development after the second world war, and, through the

magnitude they have achieved, they have become, as it has been observed, a real political, social, legal

phenomenon, with implications in all the areas of human existence, the phenomenon the magnitude of

which involves knowing the historical evolution of human rights, of their current status, as well as

distinguishing their perspectives. Only thorough and objective works, with an interdisciplinary

character, can shed light on them from a scientific point of view. That is why the United Nations

1 Professor, PhD, University Bioterra Bucharest; Associate scientific researcher, Romanian Academy - Institute of Legal

Research “Acad. Andrei Radulescu”, Bucharest, Romania, Address: Calea 13 Septembrie no. 13, corp B, et. 4, sector 5,

Bucharest 050711, Romani a, Corresponding author: emil_ciongaru@yahoo.com.