Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
Nomenclature
Institutions
Scientific councils
Seminars
Theses
Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english


Ensuring the Human Right to a Decent Living


Author: Vlăescu George
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2021
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 29 October, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.54 Mb / in romanian
Adobe PDF document0.68 Mb / in english

Thesis

CZU 342.7 (043.3)

Adobe PDF document 1.62 Mb / in romanian
193 pages


Keywords

decent living, well-being, quality of life, equity, social protection/security, State power, fundamental human rights, distance from the governing power, participatory democracy

Summary

Thesis structure. The paperwork is divided into introduction, three chapters (the last chapter being the one that also includes recommendations), general conclusions, a bibliography consisting in a number of 370 sources and is developed on a total number of 160 pages with basic texts. The obtained results are published in 12 scientific articles.

Field of study. Constitutional right. The thesis is an insight of the research of ensuring the human right to a decent living in a democratic regime and through the kaleidoscope of legal relations between the common people on one hand and on the other hand, from the perspective of education, legislation and the way in which the States exercise their executive power, especially on the territories of Romania and the Republic of Moldova.

The purpose and objectives of the research.The purpose of the research consists in the in-depth analysis of ensuring the human right to a decent living and in elucidating the particularities related to the structure and content of this right in order to capitalize on the degree of legal regulation and the transposition of the regulation in the life of the common people, more precisely in identifying those causes from the sphere of the public power that obnobulate the purpose pursued by this right, in order to find solutions, we hope, able to strengthen the rule of law and the participatory democracy and, at the same time, to offer alternatives capable of responding to the demands of a decent living. In achieving this goal, we will consider the following objectives: establishing the role of education in ensuring the human right to a decent living, analysing the influences of the relationship between the individual and the state/public authorities and the impact of the economy and how resources are distributed.

Scientific novelty and originality. The paper understands to essentialize the novelty and originality of the research of ensuring the human right to a decent living by submitting the analysis of this fundamental right to the above-mentioned challenges - challenges arising from education, legislation and governments (economy included ) – and also on the innovative ways to overcome the difficulties through the formula of reducing the distance to the governing power (participatory democracy), which is reflected in our recommendations to improve the quality of education, to modify the laws and to change the way in which public power is exercised.

The scientific issue solved consists in the elucidation within the legal relations between the individual and the State, of the human right to a decent living, as a self-standing right, but especially as a complex right that arises through the interaction with other fundamental or non-fundamental rights, which contributes to the efficiency in regulating and guaranteeing this right in Romania and in the Republic of Moldova, so as to respond to human needs and aspirations, in general, and to the state of wellbeing, the free development of man and the safety of the human individual, in particular.

Theoretical importance and applicative value of the paperwork. The recommendations and conclusions of the paperwork addresses the current deficiencies of the system (educational, legislative and executive) and, through the practical measures we recommend, we aim not only to relax the relations between the State and the social body, but we propose to re-state these relations in a flexible and relaxed normative framework meant to guide the society’s course to the goal of a civilization as authentic as possible. Or, it is precisely this that requires the sustainable protection and guarantee of those values of maximum importance for the society that have the cornerstone in ensuring the human right to a decent living.

Implementation of scientific results. The research recommendations and conclusions are not devoid of practical content. On the contrary, starting from a close analysis of the social and legal realities, the recommendations include the instruments and concrete modalities for achieving the objectives and the purpose of the research.