scholarly journals Article 16: The Right to Protection of Privacy

2022 ◽  
pp. 93-102
Author(s):  
Christian Whalen
Keyword(s):  
Right To Privacy ◽  
International Human Rights ◽  
Legislative History ◽  
Substantive Content ◽  
Effective Implementation ◽  
The Right To Privacy ◽  
Rights Of The Child ◽  
Unlawful Interference ◽  
The Right ◽  
State Protection

AbstractThis chapter provides a brief overview of article 16 of the UN Convention on the rights of the child and of its legislative history as outlined in the Travaux Préparatoires. It outlines the principle threats to children’s privacy today and summarizes the substantive content of Article 16, particularly in relation to the General Principles of child rights in Articles 2, 3, 6, and 12, as well as the nexus between the right to privacy and several other rights of children under the Convention as well as other international human rights instruments. It then puts forward four main attributes of the child’s right to privacy as aspects of the right which State Parties should monitor as a means of measuring the effective implementation of Article 16. The essential attributes of Article 16 and the child’s right to privacy are State protection against: (1) interference with privacy; (2) interference with family, home or correspondence; (3) unlawful attacks upon honour and reputation; and (4) protection of the law against unlawful interference or attacks.

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

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

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