The Limits of Confidentiality and of the Right to Privacy

2018 ◽  
pp. 155-173
Author(s):  
Elena Unguru
Keyword(s):  
Social Work ◽  
Private Life ◽  
Point Of View ◽  
Public And Private ◽  
The Public ◽  
The Right To Privacy ◽  
The Social ◽  
The Public Sphere ◽  
Right To Information ◽  
The Right

Social work acts at within the public and private fields. From an ethical point of view, the first one is governed by the society's right to information and the social worker's obligation for transparency. The second one is the beneficiary's right to private life and the social worker's obligation of confidentiality. The two sets of competing rights and obligations define the dual nature of social work to act both in the public sphere, as well as the private one. Starting from the case of Tarasoff, the American instances stated that the obligation of the therapist to protect the possible victims is a priority to that of confidentiality. The current chapter follows the meaning of this obligation in the practice of social work, as well as the clarification of the importance and limits of applicability of the principle of confidentiality in social work.

The Right to Privacy Is Political: Power, the Boundary Between Public and Private, and Sexual Harassment

1999 ◽  
Vol 24 (01) ◽  
pp. 45-71 ◽  
Author(s):  
Louise Marie Roth
Keyword(s):  
Sexual Harassment ◽  
Social Power ◽  
Personal Privacy ◽  
Public And Private ◽  
The Public ◽  
The Right To Privacy ◽  
Paid Labor ◽  
History Of ◽  
The Public Sphere ◽  
The Right

This paper concerns the relationship between power and the ability to defend the night of privacy. The discourse of public and private spheres has shifted historically, engendering arbitrary and changing legal and cultural definitions of the boundary between public and private. Historic specifications of this boundary have become untenable as increasing numbers of women entered the paid labor force. Recent formulations define the boundary of privacy as an area within each individual's life. However, greater social power increases the ability to protect personal privacy because it offers the ability to define and protect the “private” from scrutiny. After outlining the history of the shifting public/private boundary, this argument is applied to sexual harassment. Explicitly sexual types of harassment are related to the public/private boundary in two ways. First, they challenge the boundary itself, representing the occurrence of “private” conduct in the “public” sphere of work and education. Second, sexual harassment reveals the importance of social power in defining and defending one's privacy. Sexual harassment represents the extreme on a continuum of communication patterns between status unequals, and an invasion of the sexual privacy of the target.

Can an Open Access Approach be the Solution to Better Implementation of the Right to Information Act in Bangladesh?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-68
Author(s):  
Harold Sougato Baroi ◽  
Shawkat Alam ◽  
Carlos Bernal
Keyword(s):  
Information Disclosure ◽  
Social Economic ◽  
Government Information ◽  
The Public ◽  
Government Services ◽  
Implementation Approach ◽  
The Social ◽  
Access Information ◽  
Right To Information ◽  
The Right

Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.

The Portable Home: The Domestication of Public Space

2008 ◽  
Vol 26 (4) ◽  
pp. 324-343 ◽  
Author(s):  
Krishan Kumar ◽  
Ekaterina Makarova
Keyword(s):  
Public Space ◽  
Private Life ◽  
Public And Private ◽  
Public Spheres ◽  
The Public ◽  
Private And Public ◽  
The Public Sphere ◽  
The 19Th Century ◽  
Further Development ◽  
Privileged Site

Much commentary indicates that, starting from the 19th century, the home has become the privileged site of private life. In doing so it has established an increasingly rigid separation between the private and public spheres. This article does not disagree with this basic conviction. But we argue that, in more recent times, there has been a further development, in that the private life of the home has been carried into the public sphere—what we call “the domestication of public space.” This has led to a further attenuation of public life, especially as regards sociability. It has also increased the perception that what is required is a better “balance” between public and private. We argue that this misconstrues the nature of the relation of public to private in those periods that attained the greatest degree of sociability, and that not “balance” but “reciprocity” is the desired condition.

scholarly journals Monitor WhatsApp conversations in Palestinian legislation and related guarantees

2020 ◽  
pp. 84-97
Author(s):  
Abdullah Deeb Mahmoud ◽  
Keyword(s):  
Private Life ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
The Public ◽  
Electronic Evidence ◽  
The Right To Privacy ◽  
Court Judge ◽  
Control Procedures ◽  
The Right ◽  
And Control

Monitoring electronic conversations in general, including WhatsApp conversations, is an investigation that falls within the jurisdiction and control of the Public Prosecution. Obtaining the approval of a Magistrate’s Court judge to conduct the observation is considered one of the basic conditions for the validity of the observation procedure. It is of the importance of electronic conversations, which have become legally recognized electronic evidence of crimes of all kinds, as long as the proper legal path that the Palestinian legislator has been followed in obtaining them is followed, the records may be audible, read, or visible, and in particular Lee is considered to be of legal value, whether it represents evidence of conviction or innocence, as a judge can extract its value after reviewing it and reviewing its details, or use an expert to analyze it, especially if it is not clear. It should be noted that protecting the private life of individuals is a constitutional and universal principle that may not be violated by control procedures except to the limits set by the law, since the right to privacy is subject to restriction and is subject to derogation from it according to legal procedures, especially in order to access the truth and achieve justice in accordance with exceptional and strict procedures. It is permissible to violate it, it is not permissible to monitor and record the conversations unless there is a benefit from them for the appearance of the truth, after the approval of the Magistrate’s Court judge upon the request of the Public Prosecutor or one of his assistants to monitor communications and (WhatsApp) conversations and registrations and deal with them to search for Evidence for a felony or misdemeanor is punishable by imprisonment for a period of no less than a year.

Public Hearings and Public Spheres in India: The Case of the Right to Information (RTI) Movement

2014 ◽  
Vol 152 (1) ◽  
pp. 133-142 ◽  
Author(s):  
Pradip Ninan Thomas
Keyword(s):  
Public Sphere ◽  
Public Spheres ◽  
The Public ◽  
Local Means ◽  
Public Hearings ◽  
The Face ◽  
The Creation ◽  
The Public Sphere ◽  
Right To Information ◽  
The Right

This article explores issues related to the Right to Information movement in India specifically in relation to the public sphere, a concept that is habitually invoked to describe spaces for deliberation and communication. It explores the role played by the jan sunwai (public hearings) in the creation of a counter public sphere based on the local idiom, local means of communication and performative traditions that enabled a balance between speaking, listening and actioning. The article focuses on the Right to Information movement and the jan sunwai as an important indigenous means and pedagogical device used by this movement to mobilise, radicalise and give voice to marginalised people who have traditionally been expected to remain silent, even in the face of the most atrocious atrocities committed by the forward castes and wealthy.

scholarly journals Reprezentacje gender w polskiej sferze publicznej – próba uchwycenia dynamiki dyskursu

1970 ◽  
Vol 17 (1) ◽  
Author(s):  
Monika Grochalska
Keyword(s):  
Catholic Church ◽  
Hate Speech ◽  
Gender Ideology ◽  
Gender Mainstreaming ◽  
The Public ◽  
Gender Policy ◽  
Public Figures ◽  
The Social ◽  
The Public Sphere ◽  
The Right

Before 2013, the term ‘gender’ as used to define male and female social roles had appeared relatively rarely in the public sphere. However, it had not been completely unknown. Whenever this term did occur in utterances of public figures, it was mostly in reference to equality policies (gender policy) and the idea of gender mainstreaming in EU projects. It was commonly associated with feminism and has in this form entered the social consciousness, including the minds of major public figures, especially those with highest state positions. The situation changed radically in 2013. The term ‘gender’ started to be connected with ‘gender ideology’, a term coined by people associated with the Catholic Church. This article presents the ways in which the issues related to the broadly meant gender are presented on the right and left sides of the political scene. This analysis is based on selected interviews and other utterances of famous politicians as well as the articles in popular weekly magazines published in 2011–2015. This paper covers both kinds of utterances – those in line with the rules of political correctness and the examples of hate speech. All examples are provided to highlight the mechanisms of discrimination hidden in the language of politics.

scholarly journals An impossible public problem or the paradox of activist resistance: Unwillingly depoliticizing immigrants’ schooling in France

2021 ◽  
Vol 29 ◽  
pp. 72
Author(s):  
Thomas Douniès
Keyword(s):  
Reciprocal Relationship ◽  
Access To Education ◽  
Public Authorities ◽  
The Public ◽  
Support Organizations ◽  
The Social ◽  
The Public Sphere ◽  
The Right ◽  
The Way

In France as in other European countries, access to education for immigrants beyond compulsory schooling is selectively achieved, through a triage implemented by education administrations. Support organizations are increasingly solicited on this matter. Considering the twofold policy role of non-profits which both act as advocates and providers, this paper sheds light on the reciprocal relationship between the way activists manage enrollment in education and the way this issue is framed in the public sphere. Indeed, militants play a gatekeeping role and can discretely negotiate the access to school at the margins of the official institution. Nevertheless, because this struggle for education is individualized and silent, this issue is not likely to become a public and visible cause, around which a political reaction from public authorities could be claimed. Hence, while they largely counteract the infringement of the right to education, the actions of activists paradoxically participate in making it socially acceptable. That is why, beyond the case of immigrant education, the analysis eventually provides an empirical understanding of the social conditions of the construction of education public problems.    

scholarly journals Сriminal Law Protection of the Autonomy of Patients in Ukraine. Part 1

2021 ◽  
Vol 30 (4) ◽  
pp. 373
Author(s):  
Sofiya Likhova ◽  
Marek Mozgawa
Keyword(s):  
Point Of View ◽  
Correct Treatment ◽  
Medical Interventions ◽  
Staff Members ◽  
Professional Activities ◽  
Leading Role ◽  
Patient’S Autonomy ◽  
The Social ◽  
Right To Information ◽  
The Right

<p>The article aims to analyze the phenomenon of “patient’s autonomy” as an object of criminal law protection. Patients’ autonomy is one of the most important rights. Respect for it is one of the factors ensuring the correct treatment process. The article is divided into two parts. In this part, the authors analyze the legal acts of Ukraine, which regulate the process of providing medical services and guarantee patients’ right to autonomy. The authors discuss, i.a., the issue of the patient’s consent to medical interventions or the right to information about his or her state of health. They also point to statistics on offences committed by medical staff members in connection with their professional activities. Furthermore, they point out that the problem of violation of patient’s autonomy should be looked at not only from the legal but also from the social point of view. This applies to the patient–medical relationship, in which the doctor plays a leading role. Moreover, the content of these relations lies not only on the professional but also on the bioethical level.</p>

scholarly journals Women Judges, Private Lives: (In)visibilities in Fact and Fiction

2017 ◽  
Vol 40 (2) ◽  
Author(s):  
Margaret Thornton ◽  
Heather Roberts
Keyword(s):  
Social Life ◽  
Private Life ◽  
Public And Private ◽  
Women Judges ◽  
The Public ◽  
Oxford University ◽  
Private Lives ◽  
The Family ◽  
The Feminine ◽  
The Public Sphere

Throughout the Western intellectual tradition, the separation of public and private life has been ubiquitous.[footnote* See, eg, Jeff Weintraub and Krishan Kumar (eds), Public and Private in Thought and Practice: Perspectives on a Grand Dichotomy (University of Chicago Press, 1997); Margaret Thornton (ed), Public and Private: Feminist Legal Debates (Oxford University Press, 1995); Ruth Gavison, ‘Feminism and the Public/Private Distinction’ (1992) 45 Stanford Law Review 1; S I Benn and G F Gaus (eds), Public and Private in Social Life (Croom Helm, 1983); Frances E Olsen, ‘The Family and the Market: A Study of Ideology and Legal Reform’ (1983) 96 Harvard Law Review 1497.] Although the line of demarcation changes according to time and circumstance, the conjunction of the public sphere with the masculine and the private sphere with the feminine has remained a constant in political thought.

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.

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