scholarly journals The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law

Teisė ◽  
2021 ◽  
Vol 119 ◽  
pp. 157-172
Author(s):  
Anatoliy A. Lytvynenko
Keyword(s):  
Human Nature ◽  
Case Law ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Legal Foundation ◽  
Law And Morality ◽  
The 1950S ◽  
The Right

The 1950s debate between the British and American legal philosophers, Lon Fuller and Herbert Hart, has been a clash between the positivist and natural theories of origination of law and jurisprudence, with the former method primarily suggesting that law and morality are not necessarily interconnected, though may coincide in some occurrences, while the latter sticks to development of law that is based upon the mores and values related to human nature, which creates the standards that society should follow in order to function properly. The former approach, as it is argued, is not actually deprived of moral factors. To examine how these debates could work on practice, I decided to choose the early developments of the general right to privacy as an example of “penumbral” rights and to review the positions of various courts within adjudicating cases in respect with the general right to privacy.

Sins and Crimes

Philosophy ◽  
1968 ◽  
Vol 43 (163) ◽  
pp. 38-50 ◽  
Author(s):  
A. R. Lough
Keyword(s):  
Human Nature ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Homosexual Conduct ◽  
The Law ◽  
The Right ◽  
Do So

A law, say, prohibits homosexual conduct or punishes the prostitute for plying her trade. According to some it is a bad law, according to others a necessary one. Those who argue that it is a bad law do so on a variety of grounds—that it is sheer folly to try to change human nature by law, that such legislation can only be effective at the price of the right to privacy, that the punishment of acts arising from compelling desires is cruel and excessive, that the law has no business meddling in what people do to others with their consent. Those who argue that it is a necessary law do so on one ground, that the act in question is immoral, and that what is wrong must be punished, lest the law itself fall into disrepute by failing to carry out a consistent campaign against wrong-doing.

The Right to Respect for Private Life

2020 ◽  
pp. 46-67
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Right To Information ◽  
The Right ◽  
To Receive

This chapter considers the right of the child to respect for private life from the perspective of three interrelated, but distinct, aspects. First, it considers the Court’s case law concerning the right to privacy, and the protection of one’s image. Second, it examines the development of the Court’s approach to the right to receive information—this ranges from rather conservative and paternalistic beginnings to a more robust protection of freedom of expression. Finally, the chapter analyses the Court’s jurisprudence concerning the right to identity, including the right to information on origins and rights concerning the naming of children and their citizenship.

scholarly journals The right to privacy under Article 8 of the European Convention of Human Rights and legality of epidemiological monitoring measures to combat the Covid-19 virus pandemic

2020 ◽  
Vol 59 (89) ◽  
pp. 303-320
Author(s):  
Jelena Milenković
Keyword(s):  
Human Rights ◽  
Far East ◽  
Case Law ◽  
Private Life ◽  
European Countries ◽  
European Convention ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Epidemiological Monitoring ◽  
The Right

In this paper, the author analyzes the protection of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR) at the time of the Covid-19 virus pandemic. At the beginning of the pandemic, European countries had a large number of infected people and some countries encountered a collapse of their health systems. As the situation was beyond control, it raises the question whether such a situation was caused by the non-implementation of epidemiological monitoring measures, which is comparable to the extent and manner of implementing these measures in the Far East; namely, the question is whether the democratic system remained unprotected due to the EU countries' observance of democratic human rights standards, specifically the right to privacy. Given that epidemiological monitoring measures are currently the most important instrument for combating the Covid-19 virus pandemic, European countries have to fulfill the condition of legality in implementing these measures, which interfere with the citizens' right to privacy. In that context, the author explores the case law of the European Court of Human Rights (ECtHR), which ensures judicial protection of the rights guaranteed by the Convention (including the right to private life), focuses on the definition of the concept of the right to privacy, and examines whether epidemiological monitoring measures fall into the corpus of privacy rights. Relying on a detailed analysis of the ECtHR case law, the author points to the specific requirements that must be met in order for the epidemiological monitoring measures to be considered legal.

scholarly journals FREEDOM OF EXPRESSION AND THE RIGHT TO RESPECT FOR PRIVATE LIFE

2021 ◽  
Vol 70 (4/2020) ◽  
pp. 249-265
Author(s):  
Goran Ilic
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
The Right ◽  
The Relationship

The paper analyzes the relationship between freedom of expression and the right to respect for honour and reputation. It was pointed out the importance that is given to freedom of expression nowadays, and it was especially considered the practice of the European Court of Human Rights. On that occasion, the difference that exists between public and private personalities was pointed out, as well as the doubts that may arise from the distinction between factual statements and value judgments. When it comes to the right to privacy, the author referred to the importance of honour and reputation, and on that occasion reminded of the “double” presence of these values. In one case it is Art. 10 of the European Convention on Human Rights, and in another the case law of the European Court of Human Rights regarding the meaning of the term of the right to privacy from Art. 8 of the European Convention on Human Rights. Solutions in domestic law and case law are analyzed, and special attention is paid to one case in which the relationship between freedom of expression and violation of honor and reputation was discussed. The specificity of this situation is reflected, inter alia, in the fact that we are talking about university professors. The author used the normative, comparative and historical method when writing the paper.

The right to privacy in Albania and the report with other rights

2018 ◽  
Author(s):  
Anxhelina Zhidro ◽  
Arbesa Kurti ◽  
Klodjan Skënderaj
Keyword(s):  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right
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