Practical and Theoretical Controversies of the Dichotomy of Rights and Liberties

AuthorAna Alina Dumitrache-Ionescu
PositionSenior Lecturer, PhD, 'Danubius' University of Galati, Romania
Practical and Theoretical Controversies of
the Dichotomy of Rights and Liberties
Abstract: The main objective of this paper- work is to analyse the classification of human rights,
highlighting the controversial matters referring to the categories of rights from the first and second
generation. Prior Work This research’s arguments are sustained in the specialized literature
according to which a certain classification can engender only negative effects, ten ding to minimize
the importance of economic, social and cultural rights by their integration in an inferior category of
rights. The Approach used in this study is complex: survey, observation and case study. The Results
of this research reflect the interdependence of fundamental rights and liberties, irrespective of the
category in which they were included by the international community. Implications The results of
this research are of interest to law school students, teachers and researchers in the legal field. Value
The key contribution to this paper consists in a different approach in the issue of classification of
human rights and interdependence of fundamental rights and liberties.
Keywords: Human rights; liberties; interdependence of human rights
1. Rights and Liberties of Man. Concept and Features
The rights of man, the rights of the citizen, the rights and fundamental liberties are
concepts which must be subjected to a minute analysis so that the characteristics of
each of them are underlined.
In the meaning of the Universal Declaration of human rights, the rights of man
represent those rights which spring from the inherent dignity of the human being.
In the preamble of the Universal Declaration of Human Rights, adopted at 10th
December 1948 by the General Assembly of the United Nations, it is provided that
ignoring and disdaining of human rights led to acts of barbarism which stir up the
Senior Lecturer, PhD, “Danubius” University of Galati, Romania. Address: 3 Galati Boulevard,
800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author:
AUDJ, vol. 12, no. 1/2016, pp. 48-64
human consciousness. The acknowledgement of the inherent dignity of all
members of the human family and of their equal and inalienable rights constitutes
the foundation of liberty, justice and peace in the world.
The concept of human rights has been rendered in the course of history by means
of numerous interpretations and definitions. From a socio-political viewpoint, the
rights of human beings represent a concept attributed to human beings as principal
holders of universal rights.
The rights of the human being are those minimal rights from which an individual
must benefit from, rights opposable to the state as well as to other public
authorities only in the virtue of the fact that their holder is part of the human
In the paper Human rights, the religion of the end of a century, professor Adrian
Năstase defined this concept in this manner: human rights are those prerogatives
conferred by the internal law and recognised by the international law to each
individual in his reports with the group and the state which give full expression to
some social fundamental values and which have as a purpose the satisfaction of
some basic human needs and of some legitimate aspirations in the social, political,
cultural and historic context of a certain society.
From an international perspective, by means of the rights of human beings there are
being evoked the rights of human beings endowed with reason and conscience to
whom are acknowledged his natural rights as inalienable and indefeasible rights.
1.1. The Rights of the Citizen
The existence of the human being in a society organised as a state is rendered
through three phases from a judicial point of view: a citizen, a foreigner or a
homeless. (Iancu, 2002, p. 3)
By integrating in a certain social and political system, the man becomes a citizen
and benefits in this quality of a series of rights regulated and guaranteed by means
of the fundamental law of the state whose citizen it is.
Thus the concept of human rights has a far wider interpretation compared to the
rights of the citizen, the first being valid universally and applicable to all human
beings whereas the rights of the citizen are applicable to some distinct categories:
human beings integrated in a certain group organised by the state function on the
basis of a framework of judicial, religious and moral rules etc. (Tomescu, 2014, p.

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