The Guarantee Of Human Rights In Contemporary Society. Conditions, Limitations, Restrictions

The enshrining in modern democratic constitutions and international legal instruments of some human rights and freedoms is the result of a long historical process that includes philosophical, legal and political conceptions, theories, doctrines, but also different forms of recognition, normative consecration of them. The normative affirmation of human rights is the legal recognition of the human being in his existential individuality, man becomes a person in legal relations, the holder of rights and freedoms that he can oppose to the state and demand their guarantee and respect. The scientific research of fundamental rights and freedoms must be carried out on three levels: legal, philosophical, sociological. The constitutional evolution of human rights was characterized by the existence of two large categories of regulations: internal, of each state, and international. In constitutional law, the question of their correlation was raised and two principles were affirmed: 1. The application of conventions related to human rights must be done taking into account the need to harmonize international cooperation with the principle of state sovereignty and 2. International documents are the main means for their application, the assumption in good faith by the states parties of their obligations according to their normative content. Given the undeniable social and legal importance of enshrining human rights, one can speak of a new "religion" of fundamental rights enshrined by law. Is this conception justified? What are the theological, philosophical and legal meanings of human rights? Are freedoms and human rights really guaranteed by the states, including in Romania? To what extent are the rights of persons in special situations constitutionally guaranteed: foreigners, stateless persons, migrants, refugees? These are some of the topics we want to address in this study, with reference to the relevant doctrine and jurisprudence.