What are fundamental civil rights?

         Any right implies, to the same extent, a series of freedoms, but also a multitude of obligations, designed to ensure respect for these rights by other members of society.

         In addition, the limitations that intervene in the structure of some rights are means by which conduct in accordance with the existing legislative framework can be ensured, but also in social relations, thus preventing the abusive violation of the fundamental rights belonging to other citizens.

Classification of fundamental rights and freedoms

        The liberating side of rights is highlighted according to the criterion of the content of fundamental rights and freedoms, which are classified into:

• Inviolabilities – the right to life and the right to physical and mental integrity;
• Socio-economic and cultural rights and freedoms – the right to education, access to culture, the right to work and to social protection of work and the right to inheritance;
• Exclusively political rights – the right to vote and the right to be elected;
• Socio-political rights and freedoms – freedom of expression, the right to information, freedom of assembly, the right to association and the secret of correspondence;
• Guarantee rights – the right to petition and the right of the person harmed by a public authority.

Are rights liberating means?

          The Universal Declaration of Human Rights emphasizes the idea that rights represent, above all, a liberating and less restrictive means, which is highlighted in art. 1, which proclaims equality among citizens: “All human beings are born free and equal in dignity and rights.”

          Thus, rights constitute a liberating means through the prerogatives they confer on citizens, but there are also exceptions to this rule, but which must be expressly provided for by law.

Are rights coercive means?

         Regarding the coercive side of fundamental rights and freedoms, it can be appreciated that rights also provide for certain limitations, but which do not prevail in relation to the countless possibilities and faculties that they offer us. Coercion is materialized in certain limitations, expressly provided for by law and the Constitution, intended to prevent the abusive exercise of these freedoms.

          For example, art. 27 of the Romanian Constitution provides that: ‘No one may enter or remain in the domicile or residence of a person without his consent.’, but there is also a limitation of this right in terms of removing a danger to the life, physical integrity or property of a person, at which point entering the domicile of another person, without his consent, is permitted.

Conclusion

      In conclusion, the fundamental rights of citizens are essential for ensuring a fair and protected society.

       These are both liberating means, which guarantee fundamental freedoms, and coercive means, which allow the limitation of certain rights for the purpose of protecting public order and the rights of other citizens.

Andreea-Cosmina Constantin

Legal Intern R&R Partners