The Right to Respect for Private Life in the European Convention on Human Rights: A Re-Examination
Year: 2008
Type: preprint
Abstract: This article examines the ECtHR's interpretation of the right to respect for private life in Art 8 of the European Convention on Human Rights. The article examines more than 140 cases to show that, although usually seen as amorphous and ill-defined, 'private life' can in fact be organised into five main sub-interests: the right to be free from unwanted physical access, from unwanted informational access and from environmental pollution; and the right to be free to express one's identity and to live autonomously. This conclusion has significant implications for development of the right to privacy in English law, which draws heavily on Convention jurisprudence.
Source: SSRN Electronic Journal
Author: N. A. Moreham
Institution: Victoria University of Wellington
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W346302569