The Incidence of Article 8 of European Convention on Human Rights Concerning the Protection of the Right to Private and Family Life

Carmina Aleca () and Amelia Singh ()
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Carmina Aleca: University Assistant Ph.D., University of Pitesti
Amelia Singh: University Assistant Ph.D. Candidate, University of Piteşti

Jurnalul de Studii Juridice, 2012, vol. 1-2, issue 3, 23-33

Abstract: The right to private and family life is one of the fundamental human rights enshrined in Article 8 of European Convention on Human Rights, generically called „right to respect privacy and family life”, protecting a wide range of interests of personal nature. The essential foundation of these rights is the human dignity, regarded as being the base of fundamental human rights. Considering the whole sphere of human rights and fundamental freedoms, the right enshrined in Article 8 of European Convention on Human Rights comes to complete the wide range of personality rights, rights acquired by any human being by the mere fact of birth. This is the reason for this right has a very broad scope. Regarding article 8 of the Convention, the first paragraph comes to proclaim absolute rights related to social respect due to individuals, while the second paragraph sets up certain conditions for restricting the exercising of the guaranteed rights and freedoms. Therefore, the European Court of Human Rights is responsible for determining the scope of the rights and freedoms guaranteed by these provisions, by a dynamic interpretation and a continuously adjusting to the rapidly pace of society.

Keywords: European Convention on Human Rights; right to privacy and family life; responsibility; human rights; European Court of Human Rights (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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