Privacy Rights/Limitations - Restrictions/Derogations: Difference between revisions
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|questionHeading=Under international human rights laws, what permissible exceptions (often called derogations) exist? | |questionHeading=Under international human rights laws, what permissible exceptions (often called derogations) exist? | ||
|pageLevel=Question | |pageLevel=Question | ||
|contents=Article 8(2) of the European Convention on Human Rights (ECHR) presents exceptions to the right to privacy – “except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others” ([[Probable year::1950]]) . The Universal Declaration on Human Rights ([[Probable year::1948]], Art. 12) and the International Covenant on Civil and Political Rights ([[Probable year::1996]], Art. 17) only prevent arbitrary and unlawful searches, allowing for reasonable searches. | |contents=Article 8(2) of the European Convention on Human Rights (ECHR) presents exceptions to the right to privacy – “except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others” ([[Probable year:: 1950]]) . The Universal Declaration on Human Rights ([[Probable year:: 1948]], Art. 12) and the International Covenant on Civil and Political Rights ([[Probable year:: 1996]], Art. 17) only prevent arbitrary and unlawful searches, allowing for reasonable searches. | ||
References: | |||
European Convention on Human Rights. Council of Europe. Nov. 4, [[Probable year::1950]]. https://www.echr.coe.int/documents/convention_eng.pdf | European Convention on Human Rights. Council of Europe. Nov. 4, [[Probable year:: 1950]]. https://www.echr.coe.int/documents/convention_eng.pdf | ||
International Covenant on Civil and Political Rights. United Nations General Assembly (UNGA). Dec. 16, [[Probable year:: 1996]]. https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx | |||
Universal Declaration on Human Rights. UNGA. Dec. 10, [[Probable year:: 1948]]. https://www.un.org/en/about-us/universal-declaration-of-human-rights | |||
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Latest revision as of 04:54, 27 March 2023
Under international human rights laws, what permissible exceptions (often called derogations) exist?
Article 8(2) of the European Convention on Human Rights (ECHR) presents exceptions to the right to privacy – “except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others” (1950) . The Universal Declaration on Human Rights (1948, Art. 12) and the International Covenant on Civil and Political Rights (1996, Art. 17) only prevent arbitrary and unlawful searches, allowing for reasonable searches.
References:
European Convention on Human Rights. Council of Europe. Nov. 4, 1950. https://www.echr.coe.int/documents/convention_eng.pdf
International Covenant on Civil and Political Rights. United Nations General Assembly (UNGA). Dec. 16, 1996. https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
Universal Declaration on Human Rights. UNGA. Dec. 10, 1948. https://www.un.org/en/about-us/universal-declaration-of-human-rights