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The Child's Right to Privacy and Article 8 European Convention on Human Rights

Kirsty Hughes

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0026
Subject:
Law, Family Law, Human Rights and Immigration

This chapter looks at the child's right to privacy. It argues that whilst in theory children have a right to privacy under Article 8 European Convention on Human Rights (ECHR), in practice there is ... More


The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?

Roger Errera

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0025
Subject:
Law, Legal History

This chapter discusses the reconciliation of the right to privacy with the right of free expression. Part one comments on the first stage of the national debate on privacy, from the early 1960s to ... More


Making Public Places Safer: Surveillance and Crime Prevention

Brandon C. Welsh and David P. Farrington

Published in print:
2009
Published Online:
May 2012
ISBN:
9780195326215
eISBN:
9780199943999
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195326215.001.0001
Subject:
Sociology, Law, Crime and Deviance

The United Kingdom has more than 4.2 million public closed-circuit television (CCTV) cameras—one for every fourteen citizens. Across the United States, hundreds of video-surveillance systems are ... More


Privacy

James Griffin

in On Human Rights

Published in print:
2008
Published Online:
May 2010
ISBN:
9780199238781
eISBN:
9780191716478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238781.003.0014
Subject:
Philosophy, Moral Philosophy

This chapter discusses the right to privacy. Topics covered include personhood and content of a human right to privacy, legal approaches to the right to privacy, privacy of information, privacy of ... More


Liberty Rights and Privacy Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0013
Subject:
Philosophy, Political Philosophy

This chapter briefly reviews the evolution in decisions of the U.S. Supreme Court of what was originally identified as a privacy right but is now correctly identified as a liberty right against legal ... More


The Rise of Sexual Freedom

Joanna L. Grossman and Lawrence M. Friedman

in Inside the Castle: Law and the Family in 20th Century America

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149820
eISBN:
9781400839773
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149820.003.0006
Subject:
Law, Family Law

This chapter discusses some of the dramatic changes in the law relating to sexual behavior since the middle of the twentieth century. The ultimate cause, of course, was changing sexual mores. But at ... More


Equality and Liberty in the Golden Age of State Constitutional Law

Jeffrey M. Shaman

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of the New Judicial Federalism has allowed many ... More


The Moral Basis of the Partial-Entrustment Model

Henry S. Richardson

in Moral Entanglements: The Ancillary-Care Obligations of Medical Researchers

Published in print:
2012
Published Online:
January 2013
ISBN:
9780195388930
eISBN:
9780199979196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388930.003.0003
Subject:
Philosophy, Moral Philosophy

The partial-entrustment model sets out a position on medical researchers’ ancillary-care obligations that many have found attractive; but why should we believe it? What grounds the special ... More


Popular Paternalism

Anita L. Allen

in Unpopular Privacy: What Must We Hide?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195141375
eISBN:
9780199918126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141375.003.0008
Subject:
Philosophy, Feminist Philosophy, General

This chapter argues that coercive, paternalistic regulations are warranted to address indifference to privacy and data protection concerns spawned by internet and web use; but that even such laws ... More


Rights to Assisted Dying

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.2
Subject:
Law, Criminal Law and Criminology, Medical Law

There have been unsuccessful attempts to use constitutionally entrenched rights claims to challenge criminal prohibitions on assisted suicide in Canada, the United States, and the United Kingdom. ... More


The Enigmatic Amendment

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.01
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the important role played by Justice Arthur Goldberg in one of the most famous decisions of the 20th-century Supreme Court, Griswold v. Connecticut. It then ... More


Rights of Personality in Scots Law: Issues and Options

Niall R Whitty and Reinhard Zimmermann

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0001
Subject:
Law, Constitutional and Administrative Law

Chapter 1 introduces the issues raised by personality rights in Scots law defined as those rights which protect the non-patrimonial or dignitary aspects of the human person – who a person is rather ... More


Catastrophic Misuses of Science

Ingmar Persson and Julian Savulescu

in Unfit for the Future: The Need for Moral Enhancement

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199653645
eISBN:
9780191742033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653645.003.0004
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The progress of scientific technology means there is an increasing risk that terrorist groups, or even single individuals, will acquire a capacity to construct weapons of mass destruction. It might ... More


The Right of Privacy

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0012
Subject:
Philosophy, Political Philosophy

Unwritten constitutional rights are well established in American law and are best exemplified by the “right of privacy.” The most famous privacy case is Roe v. Wade, although this unwritten right ... More


Litigation Involving a Conflict of Rights, Each of Equal Value

George C. Christie

in Philosopher Kings?: The Adjudication of Conflicting Human Rights and Social Values

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195341157
eISBN:
9780199894314
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341157.003.1000
Subject:
Law, Constitutional and Administrative Law

An examination of the tension between the right of privacy and the right of freedom of expression is as timely and appropriate a choice as one could find in a study that seeks to understand whether ... More


Doctrinalism and Minimalism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0009
Subject:
Law, Constitutional and Administrative Law

Doctrinalists contend that interpreters can avoid the burdens and responsibilities of philosophic reflection and choice in hard cases by reflecting on bodies of judicial doctrines developed through a ... More


Rights-Defining Amendments

John Dinan

in State Constitutional Politics: Governing by Amendment in the American States

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226532783
eISBN:
9780226532950
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226532950.003.0004
Subject:
Political Science, American Politics

This chapter, one of two chapters (along with Chapter 4) analyzing rights-related state constitutional amendments, examines amendments that have provided more protection for rights than is guaranteed ... More


The right to privacy and confidentiality for children: the law and current challenges

Lilian Edwards and Rowena Rodrigues

in Private and confidential?: Handling personal information in the social and health services

Published in print:
2008
Published Online:
March 2012
ISBN:
9781861349064
eISBN:
9781447303077
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861349064.003.0006
Subject:
Social Work, Health and Mental Health

This chapter considers the legal rules that seek to protect the privacy and confidence rights of individuals in the UK, focusing on how these rules operate for children and young persons. It also ... More


Human Rights Extraterritoriality: The Right to Privacy and National Security Surveillance

Francesca Bignami and Giorgio Resta

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0019
Subject:
Law, Public International Law

The chapter focuses on national security surveillance by spy agencies. The safeguards afforded for privacy under the law of national security surveillance in the U.S. and the EU appear to be ... More


Clarifications and Responses to Objections

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0014
Subject:
Philosophy, Political Philosophy

This chapter responds to a variety of objections, including the following: that the account is not really consequentialist; that it gives too much priority to states as the guarantors of human ... More


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