Human Rights

Central ideas:

There is no human rights strategy.

We are the second country at the ECHR after the number of petitions.

The authorities do not know and do not apply the European Convention enough.

1. Lack of a human rights strategy

National authorities have often stated that Romania has no problems in respecting and promoting human rights. However, practice has shown otherwise. The misunderstanding of the concept of fundamental human right has generated elementary confusion both among civil society and especially at the level of national administration. The lack of interest for this field of the authorities has cost Romania the amount of approximately 50 million EURO [1] so far, this representing compensations due based on ECHR decisions due to the Romanian state’s violation of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms . [2]

Although Romania has assumed at the international level the responsibility to implement an efficient system of human rights education, the lack of collaboration between state institutions did not allow the fulfillment of the added obligations. [3] Of particular importance in this regard is Recommendation (2004) 4E of the Committee of Ministers of the Council of Europe, which imposes numerous obligations on Member States and, in particular, the Ministries of Education and Justice, on compulsory and appropriate training. of lawyers in the field of the European Convention and of the jurisprudence of the European Court of Human Rights [4] . Moreover, in Warsaw, only a year ago, Romania assumed its responsibility as“At the national level to ensure that… adequate training on the rules of the Convention is perfectly integrated into university and vocational education. We therefore decide (the Committee of Ministers of the Council of Europe) to launch a European program for human rights education for those with legal professions and call on the Member States to contribute to its implementation ” [5] .

However, we are not aware of education strategies based on the mentioned international instruments developed at national level by Romania . It would have been hoped that these would have been implemented by the national authorities, all the more so as Romania held the presidency of the Committee of Ministers from November 2005 to May 2006. The sectoral programs, carried out with syncope and random financing are, in the absence of a global and integrative national vision, lacking in efficiency, reflected in the low degree of specialized legal education and especially by the current practice of judges, prosecutors, police officers, lawyers or civil servants.