Premise pentru evaluarea mecanismelor de protecţie a drepturilor şi libertăţilor fundamentale ale omului în Republica Moldova [Articol]

Abstract

This study approaches the human rights, the evolution of processes that ensure their recognition, their observance and defense, the identification of deficiencies in the implementation of these processes, as well as solutions aimed to ensure more effectively the promotion, exercise of guaranteed rights and their protection. In order to improve or perfect a field, initially a retrospective foray into the consumed or previously produced processes is necessary, the study aiming to evaluate the obtained results, to identify the problems and directions for the further development of these processes. This study is an introduction and preparatory work for carrying out a scientific research activity in the field of human rights protection. At the beginning of the path, a retrospective evaluation of the approached topic is required in order to create fertile ground for the achievement of the general and special objectives of the research. The processes of promoting and protecting human rights shows a continuous topicality in their development and improvement. Indices and signals for topicality serve the human rights violations, which exist in any society. The rights violations and interference occur between different subjects, including the participation of state authorities. The task of the rule of law in the field of human rights protection is to build a viable and effective mechanism by establishing systems, adopting normative rules, implementing means and tools, all as a whole to be practical and effective, intended to ensure the realization of rights, the remediation and defense in case of their violation. Starting from the aspirations, policies and objectives stated and pursued at international level in the field of promotion and protection of the supreme human values, the task of guaranteeing and defending human rights must be assumed by any state. In reality, however, the quality of this task varies from state to state, depending on how effective the policies are and are subsequently translated and respected in everyday life. A simple comparison shows that in the rule of law, the level of protection of human rights is significantly higher than in the states with rigid and reduced democracy. For these reasons, the topic of the article will be approached in the context of a rule of law, where the guarantee and protection of human rights is an important element and criterion for qualifying the rule of law. Remarkably, namely the rule of law was proclaimed the Republic of Moldova after the adoption of the Declaration of Independence and continues irreversibly maintain this course, adhering to and complying with standards implemented in countries with advanced democracy.