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780 5 |
Ultima descărcare din IBN: 2024-02-26 08:56 |
Căutarea după subiecte similare conform CZU |
341.231.14+342.72(478) (3) |
Persons and things in international law (1006) |
Fundamental rights. Human rights. Rights and duties of the citizen (955) |
SM ISO690:2012 SERBENCO, Eduard. Situaţia juridică în dreptul intern al
Republicii Moldova a actelor adoptate de
organele de control al aplicării principalelor tratate O.N.U. de drepturi ale omului. In: Administrarea Publică, 2012, nr. 4(76), pp. 89-102. ISSN 1813-8489. |
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Administrarea Publică | ||||||
Numărul 4(76) / 2012 / ISSN 1813-8489 | ||||||
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CZU: 341.231.14+342.72(478) | ||||||
Pag. 89-102 | ||||||
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Rezumat | ||||||
While such titles as the European Convention on Human Rights or the European Court of Human Rights are familiar to the Moldovan legal profession, the core UN human rights treaties and the findings of the UN treaty-based bodies are less-known. The purpose of this study is to remedy in part this issue. After identifying the core UN human rights treaties, the author discusses the functions and the different types of findings by the UN treaty-based bodies. Of particular significance among these findings are the concluding observations adopted following the processing of a country’s report, the views adopted in individual cases, and the general comments that provide detailed content to the generally-worded provisions of the treaties. Despite the fact that concluding
observations are not legally binding, they constitute important guidelines for states to ensure the implementation of the human rights treaties. In their turn, the views adopted by some of these bodies, as well as their general comments are of great significance in the interpretation of these treaties.
If the Moldovan authorities, like the authorities of any other country, wish to apply and interpret the obligations under the aforesaid treaties in a manner consistent with their object and purpose, they have no choice but to take into account the findings of the UN treaty-based bodies. The author also sustains that these bodies’ views and general comments should be given the same status as the case law, produced by the European Court of Human Rights, enjoys in the Moldovan legal order. |
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