TITLE

The respect of private life - a fundamental right for a person

AUTHOR(S)
Matefi, Roxana; Barsan, Maria Magdalena
PUB. DATE
June 2014
SOURCE
Jus et Civitas;2014, Vol. I (LXV) Issue 1, p23
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The current article wishes to analyze one of man's fundamental rights, that of the respect owed to one's private life; this right is regulated by both the European Convention on Human Rights, as well as in the Romanian Constitution and the Civil Code. The latter is a distinct regulation. Once the New Civil Code was passed, Title II of the First Book offers an entire chapter dedicated to the respect owed to the human being and its inherent rights, a chapter in which the right to a private life is as important as the right to life, health, integrity, the right to dignity as well as the respect owed to a person after its death. The present article involves a three sided analysis, regarding constitutional law, civil law and criminal law, as we can't leave out the criminal aspects generated by the disrespecting of this right. Thus, the lawmaker found appropriate to incriminate crimes as trespassing, violation of professional secrets, violation of private life, disclosure of professional secret.
ACCESSION #
99411499

 

Related Articles

  • Limits of the freedom of expression imposed by the protection of rights and freedoms of other persons - a critical survey of the case-law of Romanian Constitutional Court. RĂDULEŢU, Sebastian // Pandectele Române;2013, Issue 3, p143 

    This article analyzes some solutions given by Constitutional Court of Romania to the tension between the freedom of expression and other fundamental rights. It argues that the constitutional jurisdiction does not apply a real control of proportionality in this type of cases although the article...

  • Individual Access to Constitutional Court Introduced.  // Cimento ve Beton Dunyasi / Cement & Concrete World;Sep/Oct2012, Vol. 17 Issue 99, p64 

    The article reports on the right to individual application to the Constitutional Court after the ending of regular legal remedy. The development is considered as a new remedy due to the violation of fundamental rights and freedoms stipulated within the scope of European Convention on Human...

  • The Role of Dutch Courts in the Protection of Fundamental Rights. Efthymiou, Nick S.; de Wit, Joke C. // Utrecht Law Review;Mar2013, Vol. 9 Issue 2, p75 

    The article discusses the role of the Dutch courts in the protection of fundamental rights, focusing on the two contradictory elements of the Dutch constitutional law, the Article 130 of the Dutch Constitution (Grondwet) and the Article 94 of the Dutch Constitution. Topics include the genesis...

  • THE EUROPEAN CONVENTION ON HUMAN RIGHTS AS A LEGAL STANDARD OF FUNDAMENTAL RIGHTS IN ROMANIA. Micu, Doina // Studia Universitatis Babes-Bolyai, Europaea;2010, Issue 1, p117 

    The relationship between the individual and the state is fundamentally prescribed. The protection of the individuals from the abuses of the states' authorities is to be known as the protection of human rights. The levels of this legal protection are domestic or municipal and international or...

  • Editorial.  // International Journal of Constitutional Law;Jan2011, Vol. 9 Issue 1, p1 

    The article discusses various reports published within the issue including one by Eirik Bjorge on the interpretation of the European Convention on Human Rights (ECHR), one by Stéphanie Hennette-Vauchez on the contemporary principle of human dignity and another one by András Jakab on the...

  • THE INFLUENCE OF THE ECHR JURISPRUDENCE ON THE NATIONAL CRIMINAL PROCEDURE SYSTEM. THE ITALIAN PERSPECTIVE: FROM DIVERGENCE TO REALIGNMENT. Tracogna, Clara // LESIJ - Lex ET Scientia International Journal;2010, Vol. 17 Issue 1, p84 

    The paper will offer a survey of the most important and recent ECHR decisions that sentenced Italy on varied criminal procedure aspects. In particular, the essay will analyze how those decisions influenced both legislative choices and judicial decisions: as a matter of fact, the Italian...

  • Untitled. Rask, Märt // Juridica International;2012, Vol. 19, p1 

    The article focuses on the restoration of the Republic of Estonia in 1991 as a legal successor to the republic created in 1918. It states that the Estonia's 1992 constitution created a totally different order both from the previous constitutions of the Republic of Estonia and from that of the...

  • Who Has the Last Word on the Protection of Human Rights in Europe? Laffranque, Julia // Juridica International;2012, Vol. 19, p117 

    The article offers the author's insights regarding the human rights protection in Europe. She provides examples of interaction of international, supranational, and national legal sources in human rights protection from court cases. She notes that conflict in the protection of fundamental rights...

  • THE BRITISH BILL OF RIGHTS. Jones, G. W. // Parliamentary Affairs;Jan90, Vol. 43 Issue 1, p27 

    The article offers some of the main provisions of the 1689 Bill of Rights in Great Britain. These include the suspension of laws by regal authority, the illegality of keeping a standing army in the country with no permission of the parliament, and the needs to strengthen and preserved laws. It...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics