THE RIGHT TO PHYSICAL AND MENTAL INTEGRITY

Abstract

Although the right to physical and mental integrity is regulated by the article 22 of Romanian Constitution beside the right to life, this two rights need a distinct approach due to the major importance which has each of them. The constitutional regulations regarding the questioned right reflect the striving of the international organisms to defend and concede this right. The concede of right to physical and mental integrity, proclaimed by the Constitution, gains efficiency in the internal law, first of all, by incriminating in Penal Code some facts directed against the corporeal integrity or against the health. For reflecting again the importance of this right, The New Civil Code regulates too in article 58 the right to physical and mental integrity as an inherent right for human being, putting it in the personality rights category. Key words: rights, physical integrity, mental integrity, constitutional regulations, New Civil Code