Facultatea de Drept / Faculty of Law

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Subject: search.filters.subject.the jurisprudence ECtHR

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    JURISPRUDENȚA CtEDO PRIVIND ASIGURAREA RESPECTĂRII DREPTURILOR COPIILOR
    (CEP USM, 2024) Chirtoacă, Lilia
    The ECtHR has a vast jurisprudence in the field of children’s rights. Numerous cases regarding the rights and freedoms regulated by the European Convention on Human Rights and / or its additional protocols, through dynamic interpretation and under the current conditions, touch upon the respect for the rights of children and the protection of minors, as well as the safeguarding of parental rights. The ECtHR has consistently maintained that national authorities bear the responsibility of protecting children’s interests by adopting reasonable protective measures, effectively investigating alleged accusations, and applying effective remedies. National authorities, social services have the duty to achieve a fair balance between different parties’ interests, as well as to ensure that children are protected against any form of discrimination.
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    DREPTUL LA UN MEDIU SĂNĂTOS ÎN JURISPRUDENȚA CtEDO
    (CEP USM, 2023) Chirtoacă, Lilia
    In the European Convention of Human Rights, in the provisions of Article 8, the right to a healthy environment is not presented as a stand-alone right, but rather is encompassed within other protected elements. Jurisprudence in the field of the environment has developed mainly on the basis of the findings of the European Court. Therefore, although the European Convention does not explicitly refer to a right to a healthy environment, the Court’s jurisprudence includes a variety of situations that trigger the application of Article 8, namely situations involving dangerous activities, which could seriously affect the life and health of people. Thus, according to ECtHR jurisprudence, states have an obligation to ensure to persons under their jurisdiction an adequate environment, unaffected by any form of serious pollution, which would endanger the life and health of persons or would infringe upon the right to private life.