The Respect for the Human Being and his Inherent Rights in the Regulations of the new Civil Code

AuthorMatefi, R.
Pages127-132
Bulletin of the Transilvania University of Braşov • Vol. 5 (54) No. 1 - 2012
Series VII: Social Sciences • Law
THE RESPECT FOR THE HUMAN BEING
AND HIS INHERENT RIGHTS IN THE
REGULATIONS OF THE NEW CIVIL CODE
Roxana MATEFI
Abstract: This article aims to treat a very current issue, which is t he
respect for the human being and its inherent rights, in light of the recent
legislation, namely the New Civil Code. The first part of the paper deals with
the rights to life, health and dignity of the individual. The paper also
describes the respect of private life and person’s dignity, motivated by the
fact that a separate section of the New Civil Code deals with the guarantee of
the individual rights of privacy and dignity, namely the right to free speech,
privacy, right to dignity and the right to self image.
Key words: respect, dignity, protection, private life, integrity, health.
1. Introduction
As shown in the New Civil Code
"everyone has the right to life, health,
physical and mental integrity, to dignity, to
their self image, to private life and other
rights recognized by law" [1] all th ese
rights are inalienable.
In addition to the rights listed above,
there is the right to a name, home, a
residence, marital status and the right of a
person to self determination, as long as he
does not infringe the rights and freedoms
of others, public order or morals.
The doctrine has proposed a
classification of the rights of personality,
two criteria being given in this respect.
Thus, according to a first criterion, that of
time in which these rights protect the
individual values of humanity, they can
operate during life or after death of the
individual.
According to a second criterion, the
content of the regulated rights, we can
divide the rights that protect the hum an
body and its biological and psychological
functions (right to life, right to health, right
to physical and mental integrity) and rights
that protect moral values (right to dignity,
freedom of expression, privacy, right to
self image, right in observing the memory
of the deceased) [2].
2. The rights to life, health and integrity
of the human being
The legislative guarantees and equally
protects the life, health and physical and
mental integrity of the individual,
establishing he priority of interest and
good of the human being against the
unique interest of society or science.
Analysing the provisions of “the
European Convention for t he protection
of human rights and human dignity from
the applications of biology and medicine,
the Convention on Human Rights and
Biomedicine" [3], also called Oviedo
Convention, one can observe that the
provisions of art. 2 of this regulation are

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