INFRINGEMENT IN ONE’S RIGHT TO NAME, INTRUSION IN PRIVATE LIFE OR FAMILY LIFE? THE EUROPEAN COURT OF HUMAN RIGHTS PERSPECTIVE

Oana-Nicoleta Retea ()
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Oana-Nicoleta Retea: Faculty of Law, University of Craiova

Perspectives of Law and Public Administration, 2016, vol. 5, issue 1, 133-141

Abstract: The name is important both to the individual and to the society. Therefore, it is important to understand its role in both shaping the private sense of self and identity and in reflecting and sustaining the social institutions such as the state, family. The aim of this article is to contribute to the better understanding of the scope of Article 8 from the European Convention of Human Rights in what concerns the right to bear a name. The great variety of issues that have been covered by this article has generated a huge literature in which Article 8 was treated as one of the most open-ended provisions of the ECHR. In this context, it was underlined the inclusion of the right to name into the domain of this article, while tracing the connotation given by the Court in the attempt to establish an infringement of the right to privacy and famil y. Moreover, the case law presented reveals that there are fluctuations in the approach of the Court, showing also the cases in which it was not found a violation of Article 8. However, the infringement of one's right to name could reveal different ways of intrusion in the private life or family life, but in any situation, it is engaged liability for the damage caused.

Keywords: right to name; article 8 from the European Convention of Human Rights; private life; family life; caselaw. (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2016
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