scholarly journals Legal Aspects Of The Right To Respect Private And Family Life

2015 ◽  
Vol 21 (2) ◽  
pp. 525-531
Author(s):  
Vasile Tudor
Keyword(s):  
Family Life ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Private Life ◽  
Fundamental Rights ◽  
Legal Requirements ◽  
Social Entity ◽  
Free Development ◽  
The Right ◽  
Legal Character

Abstract Free development of human personality and dignity, which are values proclaimed by the Romanian Constitution, right in the Article 1, can not exist without respecting and protecting married, family and private life. The right to respect and protect married, family and private life is part of the list of fundamental rights and freedom, and has a complex content. Belonging to the legal category of fundamental rights clarifies the legal character of the right to respect private and family life, but even its definition is not as clear as such. The legal aspect of family is, at its turn, complex and can be divided into two major coordinates: protecting family as a social entity by establishing legal requirements to ensure access to such status and establishing mutual rights and duties of family members.

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

La protección constitucional de los derechos a la intimidad y a la propia imagen en las relaciones laborales: una visión desde la jurisprudencia constitucional

2014 ◽  
pp. 2121-2143
Author(s):  
Luis Javier MIERES MIERES
Keyword(s):  
Protected Area ◽  
Private Life ◽  
Right To Privacy ◽  
Work Relations ◽  
The Right To Privacy ◽  
Free Development ◽  
Principle Of Proportionality ◽  
The Right ◽  
And Control ◽  
Constitutional Jurisprudence

LABURPENA: Lan-harremanen arloan funtsezkoa den intimitatearen eskubidea babesteak jurisprudentzia konstituzional zabala eta aberatsa eragin du. Intimitate-eskubideak babesten duen eremuaren baitan, intimitatearen zentzu sendoa (edo gizarteak onartzen duena) eta zentzu ahula dago (intimitate subjektiboa). Biak ala biak proiektatzen dira lan-prestazioan, enpresen zaintza-eta kontrol-ahalmenak mugatuz, eta proportzionaltasunaren printzipioa betearaziz. EKaren 18.1 artikuluak ez du babesten bizitza pribatuaren askatasuna esan ahal zaiona, baina jurisprudentzia konstituzionalak hainbat teknikaren bidez babesten ditu langileen nortasunaren garapen librearen zenbait alderdi, zuzenean bizitza pribatuarekin lotuak. RESUMEN: La protección del derecho fundamental a la intimidad en el ámbito de las relaciones laborales ha dado lugar a una amplia y rica jurisprudencia constitucional. Dentro del ámbito protegido por el derecho a la intimidad cabe distinguir entre intimidad en sentido fuerte (o intimidad socialmente reconocida) y en sentido débil (intimidad subjetivamente reservada). Ambas manifestaciones del derecho se proyectan sobre el desarrollo de la prestación laboral imponiendo límites a los poderes empresariales de vigilancia y control, cuyo ejercicio debe ajustarse al principio de proporcional. Aunque el artículo 18.1 CE no protege lo que puede denominarse la libertad de la vida privada, la jurisprudencia constitucional ha articulado distintas técnicas a fin de amparar ciertas manifestaciones del libre desarrollo de la personalidad de los trabajadores directamente vinculadas con la vida privada. ABSTRACT: The protection of the fundamental right to privacy in the area of the work relations has caused a rich and wide-ranging constitutional jurisprudence. In the protected area for the right to privacy, it can be distinguished among a hard privacy (or socially recognized privacy) and a weak privacy (privacy subjectively reserved). Both manifestations of the right to privacy are projected on the workplace and they limit the entrepreneurial powers of surveillance and control, the exercise of which it has to fit the principle of proportionality. Although article 18.1 CE does not protect what can be denominated the freedom of the private life, the constitutional jurisprudence has articulated different techniques in order to protect certain manifestations of the free development of the personality of theworkers directly linked to the private life.

CONSTITUTIONAL AND LEGAL ASPECT OF THE RIGHT FOR INFORMATION

2015 ◽  
Vol 10 (4) ◽  
pp. 119-125
Author(s):  
Щеголева ◽  
Natalya Shchegoleva ◽  
Силаев ◽  
Pavel Silaev
Keyword(s):  
Comparative Method ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Access To Information ◽  
The Right

In the article the author considers constitutional and legal aspects affirming the right for information. Using a comparative method of research of this perspective, the author comes to a conclusion that the content of the concept «right for information» shouldn´t be identified with «the right for access to information» as standard loading of the specified concepts isn´t identical.

scholarly journals Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

2021 ◽  
Vol 33 (2) ◽  
pp. 7-21
Author(s):  
Natalia Banach ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Moral Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

scholarly journals NULLUM CRIMEN SINE LEGE

2019 ◽  
Vol 13 (1) ◽  
pp. 15-20
Author(s):  
LAURA-ROXANA POPOVICIU
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Principle ◽  
Fundamental Rights ◽  
Economic Life ◽  
Professional Activity ◽  
Free Development ◽  
The Right ◽  
Principle Of Legality ◽  
Right Order

This article discusses the issue of one of the most important Latin expressions that establish at the level of general principle that no crime exists outside the law.The purpose of the criminal law being the defense against the offenses of the right order, ensuring this order implies a strict respect of the principle of legality.Part of the principle of legality, the legality of incrimination, was formulated among the first, by the Beccaria in Dei delitti e delle pene and proclaimed also in the Declaration of Human and Citizen Rights (1789).Subsequently, the principle of legality of incrimination was passed in most criminal codes and even in some constitutions.The Romanian penal code emphasizes that the incriminations can only take place by law, not by other normative acts.In our law, crime is the sole basis of criminal liability.The second part of the principle of legality stipulates the legality of the punishments, so that, the crime being the only theme of the criminal liability, at the time of the commission the sanction must also intervene. Only when the sanction intervenes, it must be taken into account in particular that by sanctioning the offenders and the way in which the punishments are enforced some fundamental rights of the person are restricted, such as: freedom of movement, enshrined in all democratic constitutions, free development of the personality of the man and of his participation in the social and economic life, in the family life, the interruption of the professional activity and not lastly the affectation of his dignity. Therefore legality is a fundamental principle of criminal law: the criminalization can only take place through a law, and the sanction only if it is provided by law.

Ensure the Inviolability of Personal Life in the Conduct of Police Preventive Activities

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 51-59
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Human Beings ◽  
National Courts ◽  
European Court ◽  
Principle Of Proportionality ◽  
The Right

The paper addresses the basic rights and freedoms guaranteed by the Constitution of Georgia, in particular, issues related to personal data. The development of information technology has had a significant impact on the dangers of illegal processing of personal data. The European Court of Human Rights considers the inviolability of private life as a precondition for human autonomy, independent development and protection of human dignity. According to the norms of international law, the right to respect for private life is recognized as one of the most important and fundamental rights, the protection of which is indicated by the legislation of Georgia. The aim of the paper is to analyze the legislation and practice of police law in the field of protection of the right to privacy and to offer relevant recommendations, taking into account the standards set by European and national courts. Human rights legislation must ensure the protection of all human beings against the abuse of state power. Interference with rights must be based on the principle of proportionality. The use of policing should not pose an excessive threat of fundamental human rights violations. Interference with a particular right must be done under principle of proportionality to achieve a certain public good. In clarifying the issue of alleged violation of the right, special attention should be paid to the severity and probability of the expected threat to legal good. The Constitution of Georgia, EU and Council of Europe data protection standards, national legislation, as well as the case law of the European Court of Human Rights and the National Constitutional Court are analyzed around the topic. In addition, the reports of the State Inspector, the Public Defender and the relevant scientific literature are used to study the above issues.

Artificial Intelligence (AI) at Schengen Borders: Automated Processing, Algorithmic Profiling and Facial Recognition in the Era of Techno-Solutionism

2021 ◽  
Vol 23 (4) ◽  
pp. 457-484
Author(s):  
Niovi Vavoula
Keyword(s):  
Artificial Intelligence ◽  
Information Systems ◽  
Facial Recognition ◽  
Personal Data ◽  
Legal Framework ◽  
Private Life ◽  
Fundamental Rights ◽  
Legal Analysis ◽  
The Right ◽  
The Eu

Abstract Since the past three decades, an elaborate legal framework on the operation of EU-Schengen information systems has been developed, whereby in the near future a series of personal data concerning almost all third-country nationals (TCN s) with an administrative or criminal law link with the EU/Schengen area will be monitored through at least one information system. This article provides a legal analysis on the embedment of Artificial Intelligence (AI) tools at the EU level in information systems for TCN s and critically examines the fundamental rights concerns that ensue from the use AI to manage and control migration. It discusses automated risk assessment and algorithmic profiling used to examine applications for travel authorisations and Schengen visas, the shift towards the processing of facial images of TCN s and the creation of future-proof information systems that anticipate the use of facial recognition technology. The contribution understands information systems as enabling the datafication of mobility and as security tools in an era whereby a foreigner is risky by default. It is argued that a violation of the right to respect for private life is merely the gateway for a series of other fundamental rights which are impacted, such as non-discrimination and right to effective remedies.

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