Right to the Decent Living Standard

7/31/2019 Right to the Decent Living Standard

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The Right to a Decent Living Standard or the Right to a Sufficient Living

Standard?

Ph.D. Candidate Lecturer Oana arametUniversity Transylvania from Braov

(Counselor at the Territorial Bureau from Braov of Romanian Ombudsman)

Assistant Ctlina Georgeta Matei

University Transylvania from Braov

(Expert at the Territorial Bureau from Braov of Romanian Ombudsman)

Abstract: The Universal Declaration of Human Rights proclaimed by the General Assembly of United

Nations at 10th of December 1948, document contained by Resolution 217 A/III, didnt settle, expressis

verbis, among the fundamental rights and freedoms of human rights, nor in the category of civil and

political rights, nor in the category of economical, social and cultural rights, a special rights that, nomatter what its name is, may oblige the international community to respect a certain living standard

for the human beings, be it decent or sufficient. Still, if we read carefully the provisions of Art.25,paragraph 1 from the Universal Declaration of Human Rights we can identify some specific aspects

regarding this special right. In the attempt of defining the juridical norms related to fundamental

human rights and liberties consecrated by the Universal Declaration of Human Rights, the right to adecent or sufficient living standard draw us attention and oblige us to identify its content within the

other rights provisions. After adopting the international document, some states, among which we must

mention Romania, appreciated the opportunity of settling the constitutional consecration of this right,

even if it wasnt expressly settled but rather incorporated among the provisions of the right toprotection of health or of the right to labor and social protection of labor.

G. Vedel affirmed that equity is not a natural right, but the fundament of any natural right, since

there is no natural right unless the people are not equal, equity being thus the main condition ofacnowledging human beings condition [1]. Therefore, we all must be equal in rights and freedoms,

without any privileges or discrimination, due o the fact that we all are human beings. This social equity

must be translated as the assurance and the guaranty of a certain living standard that must correspond toa minimal living standard regarding the material conditions. If every human being enjoys their guaranty

of right to life as settled in the international documents and in the Constitution, then we must also take

into consideration the possibility of settling a special right regarding the way of living and to impose

thus to the international communities, by means of their competent bodies, and to the states, by meansof the authorities reliable in this field, the obligation of respecting and assuring some reasonable life

conditions, that must ensure to the person and to the persons family, a civilized and decent living [2].

This complex right, its complexity being the result of its containt and of the modalities bymeans of which it is guarantied, appeared in the moment when the General Assembly of United

Nations Organization adopted the International Convenant on Economical, Social and Cultural Rights,

namely in 1966. Still, there are some distinctions to make. The Universal Declaration of Human Rightssettled in 1948 some provisions related to the right to a decent living standard, within the settlements of

the right to health and we quote: Everyone has the right to a standard of living adequate for the health


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and well-being of himself and of his family, including food, clothing, housing and medical care andnecessary social services, and the right to security in the event of unemployment, sickness, disability,

widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and

childhood are entitled to special care and assistance. All children, whether born in or out of wedlock,

shall enjoy the same social protection. 20 years after this moment, the International Convenant onEconomical, Social and Cultural Rights preserved the same modality of settlement, therefore the right

to a decent or sufficient living standard wasnt expeselly settled, but we can find its reference in Art.11.The States Parties to the International Covenant recognize the right of everyone to an adequate

standard of living for himself and his family, including adequate food, clothing and housing, and to the

continuous improvement of living conditions. The States Parties will take appropriate steps to ensure

the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. The States Parties to the International Covenant, recognizing as settled

in Art.11 paragraph 2 the fundamental right of everyone to be free from hunger, shall take,

individually and through international co-operation, the measures, including specific programmes,which are needed, namely to improve methods of production, conservation and distribution of food by

making full use of technical and scientific knowledge, by disseminating knowledge of the principles of

nutrition and by developing or reforming agrarian systems in such a way as to achieve the mostefficient development and utilization of natural resources and also taking into account the problems of

both food-importing and food-exporting countries, to ensure an equitable distribution of world food

supplies in relation to need. Even if the international document focused upon the problems related to

food and food supplies, it doesnt mean that other aspects, such as right to decent clothing or to aresidence are ignored. International bodies such as the Food and Agriculture Organization of theUnited Nations lead international efforts to defeat hunger. Serving both developed and developing

countries, FAO acts as a neutral forum where all nations meet as equals to negotiate agreements anddebate policy. FAO is also a source of knowledge and information. The international body helps

developing countries and countries in transition modernize and improve agriculture, forestry andfisheries practices and ensure good nutrition for all. Since its founding in the fall of 1945, Food and

Agriculture Organization of United Nations have focused special attention on developing rural areas.FAO also serves as a knowledge network. FAO lends its years of experience to member countries in

devising agricultural policy, supporting planning, drafting effective legislation and creating national

strategies to achieve rural development and hunger alleviation goals. On any given day, dozens ofpolicy-makers and experts from around the globe convene at headquarters or in the field offices to

forge agreements on major food and agriculture issues. As a neutral forum, FAO provides the setting

where rich and poor nations can come together to build common understanding. In crisis situations,Food and Agriculture Organization of United Nations works side-by-side with the World Food

Programme, created in 1960, and other humanitarian agencies to protect rural livelihoods and help

people rebuild their lives. The uncontrolled increase of population in China and India or in some areasof Central Africa, the decrease of planets natural resources, the challenges brought to the entire eco-

system requires new strategies regarding prevention and generalization of hunger. The approach of

these aspects shall not affect the equality in rights of the persons, without any discrimination.

Still, the consecration of the decent or sufficient living standard in the international documentsand in the constitutions of the states determines the state members and the national states to appreciate

this right as one of their priorities. Romania must be regarded as one of the states that confirm what we

have already stated. Unfortunately, the social and economical conditions of the last 17 yearsdetermined some of the Romanian citizens to go to hunger strike, to fire themselves, even to commit

public suicide in order to draw attention upon their desperate situation. The most desperate cases were

the result of collective dismissals and of the juridical effects of Law No.10/2001 with regard to the


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juridical regime of the real states abusively taken between 6th

of March 1945 and 22nd

of December1989. Due to this law and its current modifications, the old and the poor persons who lived in

nationalized buildings were forced to abandon them, without the possibility of finding another

residence. Nor the state or the international community by their reliable bodies couldnt offer a solution

in this case. We must acknowledge the poor condition of these people, and we should not forget thatpoverty endangers peoples life since the lack of living conditions makes their life [3].

Still, the Romanian constitutional legislator settled in the Constitution adopted in 1991, atArt.43, called living standard, that the state shall be bound to take measures of economic

development and social protection, of a nature to ensure a decent living standard for its citizens. The

Romanian citizens have the right to pensions, paid maternity leave, medical care in public health

establishments, unemployment benefits, and other forms of social care, as provided by law. After therevision of Romanian Constitution, this right is settled in Art.47, but the internal provisions didnt

change: the State shall be bound to take measures of economic development and social protection, of a

nature to ensure a decent living standard for its citizens. Citizens have the right to pensions, paidmaternity leave, medical care in public health centers, unemployment benefits, and other forms of

public or private social securities, as stipulated by the law. Citizens have the right to social assistance,

according to the law.We must notice that the legislator refers also to the private social securities, notonly to the public ones. In this way, social security is institutionalized as a modern dimension of the

measures required to assure a decent living [4].

Thirst of all, we must notice that our constitutional legislator chose to settle expressly this right

in the fundamental law of the state, avoiding thus to refer to the aspects related to this issue within theprovisions of another fundamental right, as practiced in other constitutions.

Thus, in the National Constitution of the Argentine Republic at Section 42 is settled: as

regards consumption, consumers and users of goods and services have the right to the protection oftheir health, safety, and economic interests; to adequate and truthful information; to freedom of choice

and equitable and reliable treatment. The authorities shall provide for the protection of said rights, theeducation for consumption, the defense of competition against any kind of market distortions, the

control of natural and legal monopolies, the control of quality and efficiency of public utilities, and thecreation of consumer and user associations. Legislation shall establish efficient procedures for conflict

prevention and settlement, as well as regulations for national public utilities. Such legislation shall take

into account the necessary participation of consumer and user associations and of the interestedprovinces in the control entities. Therefore, the Argentine nation shall establish, by means of its reliable

bodies, some minimal standards of social protection. The Constitution of Federative Republic of Brazil

also settles in Art.7 from paragraph I to paragraph XXXIV that the following are rights of city and ruralworkers, notwithstanding any others that seek to improve their social condition. Among the

fundamental goals of Brazil nation we can mention: the employment protected against arbitrary

dismissal or against dismissal without cause, unemployment insurance, in the event of involuntaryunemployment, unemployment compensation fund, a minimum wage nationwide, established by law,

capable of satisfying their basic living needs and those of their families with housing, food, education,

health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments and so

on.The Constitution of Bulgaria settles in Art.51 called Welfare that the citizens shall have the

right to social security and welfare aid. The state shall provide social security for the temporarily

unemployed in accordance with conditions and procedures established by law. It is also settled that theaged without relatives and unable to support themselves, as well as the physically and mentally

handicapped shall enjoy the special protection of the state and society. Art.48 of the Bulgarian

Constitution also provides that workers and employees shall be entitled to healthy and non-hazardous


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working conditions, to guaranteed minimum pay and remuneration for the actual work performed, andto rest and leave, in accordance with conditions and procedures established by law. And Art.52

paragraph 1 provides that citizens shall have the right to medical insurance guaranteeing them

affordable medical care, and to free medical care in accordance with conditions and procedures

established by law.The Portugal Constitution does not consecrate expressly the right to a decent living standard,

but in Art.65 we can find some aspects related to this aspect. Thus, everyone has the right for himselfand his family to a dwelling of adequate size satisfying standards of hygiene and comfort and

preserving personal and family privacy. In order to safeguard the right to housing, it is the duty of the

State to: draw up and put into effect a housing policy that is a part of general regional planning and is

based on urban planning that secures the existence of an adequate network of transport and socialfacilities; encourage and support local authorities' and communities' initiatives aimed at solving their

housing problems and promoting the establishment of housing cooperatives as well as individual

building; promote private building subject to the public interest, as well as access to privately owneddwelling. In Art.66 called Environment and Quality of Life, thelegislator settled that everyone has the

right to a healthy and ecologically balanced human environment and the duty to defend it. Still, it is the

duty of the State, acting through appropriate bodies and having recourse to or taking support on popularinitiatives, to promote the rational use of natural resources, safeguarding their capacity for renewal and

ecological stability.

The Constitution of Italy guaranties in Art.32 the health as a fundamental human right. Thus,

the Republic safeguards health as a fundamental right of the individual and as a collective interest, andguarantees free medical care to the indigent. Art.38 settles that every citizen unable to work and

without the resources necessary to live has a right to social maintenance and assistance. Workers have

the right to be provided with and assured adequate means for their needs and necessities in cases ofaccidents, illness, disability and old age, and involuntary unemployment. Disabled and handicapped

persons have the right to education and vocational training.Constitution of Spain recognizes in Art.43 the right to health protection is recognized.

It is incumbent upon the public authorities to organize and watch over public health and hygienethrough preventive measures and through necessary care and services. In Art.47 it is settled that all

Spaniards have the right to enjoy decent and adequate housing. The public authorities shall promote the

conditions necessary and establish the pertinent norms to make this right effective, regulating the use ofland in accordance with the general interest to prevent speculation. The community shall share in the

increased values generated by urban activities of public bodies. And according to Art.50, the public

authorities shall guarantee to all old citizens economic sufficiency through adequate and periodicallyupdated pensions. Likewise, and independently of the family obligations, they shall promote their

welfare through a system of social services which shall take care of their specific problems of health,

housing, culture, and leisure.Other constitutions did not state the right to a decent living standard; still they chose not to

develop these aspects within the provisions of other fundamental rights. As an example, the

Constitution of Latvia settles in art.109 that everyone has the right to social security in old age, for

work disability, for unemployment and in other cases as provided by law, and in Art.111 that the Stateshall protect human health and guarantee a basic level of medical assistance for everyone.

The Romanian constitutional legislator preferred to guaranty the right to a decent living

standard, and not to a sufficient living standard, in this way approaching the settlement conferred byArt.25 from the Universal Declaration of Human Rights. We consider that the term decent has a wider

significance than the term sufficient, since a sufficient living standard can be approach by means of a

minimum social protection, while a decent living standard requires a living standard that cannot


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infringe upon the personality and the dignity of the individual. The option elected by the Romanianstate is quite honorable but hard to be accomplished, especially under the historical conditions of a

convulsive and transient economy since this aspiration can only be achieved progressively, by means

of economical development and social protection [5].

The Romanian doctrine [6] emphasized with regard to this issue two components of socialsecurity, namely:social assurances, and we can include here the pension, paid maternity leave, medical

care in public health establishments, unemployment benefits, and social assistance, and we refer hereto family allowances, the minimum wage, the protection of disabled persons and the services of social

assistance. The right to pension, to allowance in case of death, to social assurances is settle by Law

No.19/2000 regarding the public system of pension and other social assurances rights, while the

unemployment benefit is settled in Law No.76/2002 regarding the system of assurances in case ofunemployment and the stimulation of labor. The Law No. 416/2001 settled the minimum wage as a

consequence of the principle of social solidarity - a fundamental principle of the national policy

regarding the social assistance, and the persons who take benefit of these settlements are all theRomanian citizens, the aliens and the stateless persons living and working in Romania. In 2006, the

Parliament of Romania adopted a new law that settles the rights and duties of disabled persons in the

attempt of their social integration and inclusion.Even if the Romanian legislator tried to identify and to consecrate the most adequate legal

frame of the right to a decent living standard with regard to the current resources and possibilities of the

Romanian state, the public authorities reliable to organize the execution of law in this matter did not

make all the efforts in applying the provisions of these laws. In such cases, the persons who sufferedinfringements in their rights to social protection were obliged to address to some authorities such as the

Constitutional Court of Romania, the Advocate of the People (the Romanian Ombudsman) or to legal

courts in order to protect their rights and especially to protect their right to a decent living standardsettled in the Constitution of Romania.

In this matter, several exceptions regarding the unconstitutionality of laws and statutory orderswere brought to the courts of law. The Constitutional Court of Romania pronounced upon the

exceptions concerning the unconstitutionality of the statutory order No.40/1999 issued by theRomanian Government with regard to the protection of renters and to the modalities of imposing the

rent for the real estates designated as social residences. Even if the Constitutional Court did not admit

the exception, the motivation of the exception brought to the court of laws as to the unconstitutionalityof the statutory order previously mentioned referred to the infringements brought upon the provisions

of Art.47 from the Constitution of Romania by the settlements of this normative act. We can mention in

this case the Decision No.761 from 18th

of September 2007 with regard to the unconstitutionality of thestatutory order No.40/1999 issued by the Romanian Government concerning the protection of renters

and the modalities of imposing the rent for the real estates designated as social residences[7]. The

author of the exception appreciated that the provisions of art.6 from the statutory order No.40/1999issued by the Romanian Government with regard to the protection of renters and to the modalities of

imposing the rent for the real estates designated as social residences with all its modifications and

amendments infringe upon the provisions of Art.16 regarding the equality of rights and of Art.47

regarding the right to a decent living standard from the Constitution of Romania. According to Art.6 ofthe statutory order, due to the fact of the annulment of a contract of sale and purchase, closed under the

provisions of Law No.112/1995 (the law settles the juridical situation of the real estates abusively taken

by the state), decided by the court of law, the owner of the building recognized by the court of law shallclose a contract of rent for a period of 5 years with the person who purchased the building with respect

to the provisions of the special law mentioned above. In this case, the author consider that the legislator

makes no difference between the buyer of good faith and the buyer of bad faith, even if the title of


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property obtained by the former shall be valid, while the title of the latter shall not be valid, andtherefore annulled. With regard to the motivation of the person who brought the exception to the court

of law, the Constitutional Court of Romania appreciated that there is no use to reconsider ones

jurisprudence. Thus the Court refereed to the Decision No.742 from 26th

of October 2006 [8] that

settled that the legal provisions submitted to the control of constitutionality realized in fact anequilibrium between two categories of persons the owners admitted by the courts of justice and the

persons who bought the building or the apartment under the settlements of Law No.112/1995. In thisway, the buyer of the house is protected from any kind of abuses and he also enjoys his right to an

inhabitance for a reasonable period of time, while the owner enjoys his right to private property under

the limitations of the legal provisions. In conclusion, the Constitutional Court did not admitted any

infringement brought to the individual right to a decent living standard by the settlements of thestatutory order we referred to. Still, we appreciate the fact that the lack of interest or the lack of

coherent and applicable measures has as an effect the impossibility of applying a law. A good example

in this case is Art.44 paragraph 2 of the Law No.10/2001. According to this article, the families withoutfinancial possibilities (here, the legislator takes into consideration only the incomes whose values are

situated under the minimum income per economy), the disabled persons and the retired persons are

entitled to an inhabitance built with the money transferred in a special cont as a result of privatization(the amount of money established by the legislator represented 2% from the total value of the

transaction). Unfortunately, this project was never implementing. Thus, as a result of the petition of the

Territorial Bureau of Brasov of the Romanian Ombudsman addressed to the City Hall of Brasov, the

Service Budget from the Economical Department of the city hall answered that the special foundrepresenting 2% from the total value of the privatization is a source of the national budget, not of the

local public budget. More than that, nor the Law No.10/2001, nor the annual laws of budgets do not

settle, not even in the Chapter called Transient disposals with regard to the local public budgets, theway in which these founds arrive to the local communities in order to build inhabitances.

In another case, the object of exception of unconstitutionality brought ex officio in front of theCourt of Justice from Mures the Civil Section, was represented by the provisions of Art.95 from Law

No. 19/2000 with regard to the public system of pensions and other rights of social assurances, with allits modifications and amendments. According to this article, only the persons who benefit of pension

for age limit can ask for a new calculation of the pension and only after they realize a stage of paying

the financial taxes and duties of minimum12 months. The Constitutional Court pronounced upon theexception of the unconstitutionality of Art.95 paragraph 1 from Law No. 19/2000 with regard to the

public system of pensions and other rights of social assurances in the Decision No.264/20th

of March

2007 [9]. Thus, the Court admitted the exception of unconstitutionality and proclaimed that such apossibility admitted to the person retired for the age limit to ask for a new calculation of the pension

and only after they realize a stage of paying the financial taxes and duties of minimum12 months is

against any principle of equality between citizens, since it implies a discrimination between citizens ofsame condition. The Court also admitted that this article infringe upon the provisions of Art.47

paragraph 2 from the Constitution of Romania, according to which, even if the conditions and criteria

of retire differ from case to case, the modality of calculating the pension must be the same and establish

by law. Thus, the legislator cannot establish a different juridical treatment for equal juridical situations.As a result of the control exert according to the legal and constitutional settlements [10], the

Romanian Ombudsman issued some recommendations having as a main object the infringements

brought upon the right to a decent living standard:

In the case of solving the petitions regarding the granting the quality of beneficiary of theprovisions of Law No.309/2002 concerning the recognition and the receiving of some rights to

the persons who made their military stage at the General Division of Labor Service between


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1950-1961 by the National Archives [11]. It was indicated that it is necessary to bring someamendments with regard to the implementing of Law No.428/2003, the law that completes art.

6 from Law No.309/2002, according to which no taxes shall be taken for issuing the documents

required to prove for the petitioner the fulfillment of the provisions of Art.1 from Law No.

309/2002; to create in cooperation with the Military Unit 02405 Piteti and with the Ministry ofLabor, Social Security and Family, a centralized and complete data base regarding the

effectives of the former labor detachments; to undertake the remains of the archive owned bythe Ministry of Transport, Constructions and Tourism, that keep the record of the payments of

persons (soldiers) who were used as military and civil labor force in the former General

Division of Labor Service between 1950-195; to examine the necessity of issuing some

proposal of amendments for modifying the Law No.309/2002, in accordance with theRecommendations settled by the National House of Pensions and Other Rights of Social

Assistances in order to apply unitary the provisions of the law mentioned above.

In the same case of solving the petitions regarding the granting the quality of beneficiary of theprovisions of Law No.309/2002 concerning the recognition and the receiving of some rights to

the persons who made their military stage at the General Division of Labor Service between1950-1961 by the National Archives [12]. This time it was required the examination of

situations created by non-applying unitary the provisions of Law No.309/2002 by thecommissions created among the territorial offices of pensions to apply the settlements of the

statutory order No.105/1999 with regard to offering some special rights to the persons who

were persecuted for ethnic reasons by the political regimes that governed Romania between 6th

of September 1940 up to 6

thof March 1945. The following measures were proposed: to create

in cooperation with the Military Unit 02405 Piteti and with the Ministry of Labor, Social

Security and Family, a centralized and complete data base regarding the effectives of the former

labor detachments from the former General Division of Labor Service; to oblige thecommissions to take into considerations the entries from the military individual records in

accordance with the Recommendations settled by the National House of Pensions and Other

Rights of Social Assistances in order to apply unitary the provisions of the law alreadymentioned.

Without pretending that we mentioned all the theoretical and practical aspects regarding the

individual right to a decent living standard, we still must emphasize the fact that by means of Law No.416/2001 with regard to the minimal income guarantied by the state, with all its modifications and

amendments, the right to such an income is guarantied only to the families and to the single persons.

The law settles in Art.2 the meaning of the term family, but still, according to the provisions ofArt.16 from the Constitution of Romania, the citizens are equal before the law and public authorities,

without any privilege or discrimination. Therefore, the right to a decent living standard must be

guarantied to all of us individually, no matter if we are single or we are in a family, for every person

has the right to food, or clothing within the limits of a decent living standard. As a consequence, wepropose that the right to a minimal income guarantied by the state must be respected to every citizen

taken individually, no matter if he is single or he is a member of a family. We think that it is also

necessary a reevaluation of the minimal income, since 96 RON per month for a single person and 173RON for a family of 2 members is absolutely insufficient for a decent living standard.

The reality proves that the states cant and wont give up their prides and interests, in order to

guaranty to their citizens the same standard living be it decent or sufficient. The difference is createdby the internal resources and the level of economical development of every single state, but also by thesocial policies of social security settled by the national legislator and by the programs that apply these

social policies. Taking into consideration the provisions of Art.22 from the Universal Declaration of


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Human Rights, the person who is entitled to the right of social security should obtain the fulfillment ofthe economical, social and cultural rights that are absolutely necessary in accomplishing the individual

dignity and the free development of ones personality. By national and international effort, every

human being must enjoy a decent or a sufficient living standard, with all the significances of the two

terms. It is true that it is not easy to identify at the international level the content of the right tosufficient living standard, no matter if the attempt is coordinated by the United Nations Organization or

by other structures subordinated to this organization. It is almost an ideal to believe that theinternational community shall find a unanimous content of this right, for in this way the human being

shall be positioned above any interest of economical, social and political nature, no matter the interest

belongs to a group, to an individual, to a community, to a state, or to a region. Still, the social credo of

the Romanian [13], proclaimed by Art.1 paragraph 3 from the Constitution of Romania, oblige thestate, as well in present time or in the future, to assure the equality of chances to every citizens.

Therefore, the state must assure, in our opinion, the equality in exerting the right to a decent living

standard.

[1] quoted by D.C. Dnior, Drept constituionali instituii politice. Teoria general. Tratat, vol. I,

Editura C.H. Beck, Bucureti, 2007, pag.620, from G. Vedel, L'galit n la Dclaration des droits del'homme et du citizen de 1789, ses origine, sa prenit, La documentation franais, Paris, 1990.

[12] M. Constantinescu, A. Iorgovan, I. Muraru, S.E. Tnsescu., Constituia Romniei revizuit

comentarii i explicaii, Editura All Beck, Bucureti, 2003, pag.98

[12] J.G. Speth, Inegalitate global 358 miliardari la 2,3 miliarde de oameni, quoted by D. Mazilu,Drepturile omului. Concept, exigene i realiti contemporane, Editura Lumina Lex , Bucureti, 2000,

pag.397

[12] I. Muraru, S.E. Tnsescu,Drept constituionali instituii politice, Editura All Beck, Bucureti,200 , vol. I, pag.206

[12] I. Deleanu, Instituii i proceduri constituionale n dreptul comparati dreptul roman. Tratat,Editura Servo-Sat, Arad, 2003, pag.449

[12] I. Deleanu, Instituii i proceduri constituionale n dreptul comparati dreptul roman. Tratat,Editura Servo-Sat, Arad, 2003, pag.450

[7] Published in Monitorul Oficial al Romniei nr.717 from 23 octombrie 2007

[8] Published in Monitorul Oficial al Romniei nr.979 from 7 decembrie 2006[9] Published in Monitorul Oficial al Romniei nr.283 from 27 aprilie 2007

[10] We refer to Art.58-60 from the Constitution of Romania, republished, as well as by the provisions

of Law No.35/1997 with regard to the organization and functioning of the Romanian Ombudsman.[11] We refer to Recomandarea Avocatului Poporului nr.1 from 29 ianuarie 2004

[12] We refer to Recomandarea Avocatului Poporului nr.3 from 29 ianuarie 2004

[13] M. Constantinescu, A. Iorgovan, I. Muraru, S.E. Tnsescu., Constituia Romniei revizuit

comentarii i explicaii, Editura All Beck, Bucureti, 2003, pag.2

Right to the Decent Living Standard

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