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8 of the European Convention on Human Rights and the jurisprudence of privacy protection

Author: HuangHaiZuo
Tutor: TianYao
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Privacy Positive obligation Negative obligation Human dignity Protection of the Constitution
CLC: D95
Type: Master's thesis
Year: 2010
Downloads: 114
Quote: 0
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Abstract


This article mainly by the importance of analysis and finishing with Article 8 of the European Convention on Human Rights and the relevant case , summed up the basic judgment of the European Court of Human Rights ideas and embody the core values ??and discourse from the perspective of constitutional protection value China's legislative reference. From the judgment of the Court of Human Rights , the purpose of Article 8 of the Convention , mainly in order to prevent the the government power wanton and imperious , provides that States parties must respect the individual's right to privacy , it first involves the country is a violation of the \- that is, to prevent the State to infringe on the privacy of citizens ; In addition , it is also involved in the country's \In the judicial practice of the European Court of Human Rights has established a series of principles and standards in order to achieve effective control of public power , to protect the privacy of individuals . This paper through the analysis of the ideas of the judgment , summed up the path of privacy protected by the Constitution inherent in the judgment of the European Court of Human Rights embodies the core constitutional values ??of human dignity ( dignity ) , different from the Americans to protect human freedom (liberty ) a constitutional values ??. Finally, the paper discusses the importance of human dignity as a constitutional value of privacy , and proposed legislation for our reference .

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CLC: > Political, legal > Legal
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