Right To Privacy/Family Life

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The dilution of the family in human rights: Comments on Vallianatos and other ECHR cases on “family life”

In the decision of Vallianatos and others v. Greece (No. 29381/09 and 32684/09) delivered on 7th November 2013, the European Court of Human Rights (the Court) considered that two adult men living separately should benefit from the protection granted to families in the particular case where they maintained a stable homosexual relationship. On this occasion the Court affirmed that, from now on, when a European State legislates as regards the family, it “in its choice of means…must necessarily take into account developments in society and changes in the perception of social and civil-status issues and relationships, including the fact that there is not just one way or one choice when it comes to leading one’s family or private life” (§ 84). The Court thus ensures that European States adapt their legislation to (its own perception of) the evolution of morals. This decision marks a new stage in the accelerated dissolution of the legal definition of the family which from a biological and institutional reality has become a concept which is flexible to the point of…

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Foreign Surveillance and Human Rights, Part 5: The Substance of an Extraterritorial Right to Privacy

This post is part of a series: Intro, Part 1, Part 2, Part 3, Part 4. Between Utopia and Apology, Universality and Effectiveness My previous posts have all dealt with the threshold question of whether individuals subject to surveillance overseas should be entitled to human rights in…

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Foreign Surveillance and Human Rights, Part 4: Do Human Rights Treaties Apply to Extraterritorial Interferences with Privacy?

This post is part of a series: Intro, Part 1, Part 2, Part 3, Part 5. Bearing in mind the three models of extraterritorial application that I outlined in my previous post, the only model which provides an easy, clear answer is the third one. If the negative obligation…

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Foreign Surveillance and Human Rights, Part 3: Models of Extraterritorial Application

This post is part of a series: Intro, Part 1, Part 2, Part 4, Part 5. In this post I will provide a brief outline of the (often conflicting and confusing) case law on the meaning of the concept of state jurisdiction in human rights treaties. I will examine…

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Foreign Surveillance and Human Rights, Part 2: Interpreting the ICCPR

This post is part of a series: Intro, Part 1, Part 3, Part 4, Part 5. Comparing the ICCPR and the ECHR The scope of many human rights treaties is at least partly determined by how we interpret their jurisdiction clauses, and here we can observe some…

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