Right To Privacy/Family Life

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The IACtHR Advisory Opinion: one step forward or two steps back for LGBTI rights in Costa Rica?

On 9th January 2018, the IACtHR issued Advisory Opinion No. 24 on gender identity, equality and non-discrimination for same-sex couples, a ground-breaking decision for the advancement of LGBTI rights in the Americas. However, the adverse effect it had on the recent presidential elections in Costa Rica may jeopardise this achievement. The Advisory Opinion was requested by Costa Rica in 2016. the IACtHR was called to clarify the interpretation and scope of several articles of the American Convention on Human Rights (ACHR) in relation to the following questions: Considering that gender identity is a protected category within the American Convention, does the state have an obligation to recognise and facilitate the change of name of individuals in accordance with their own gender identity? If so, is the judicial procedure for the change of name, instead of an administrative one, contrary to the American Convention? According to the American Convention, is the current Costa Rican judicial procedure for the change of name not applicable to individuals who wish to change their name based on their…

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Barbulescu v Romania: Why There is no Room for Complacency When it Comes to Privacy Rights in the Workplace

For some privacy advocates, the decision earlier this month of the Grand Chamber of the European Court of Human Rights (ECtHR) in Barbulescu v Romania was another milestone in the pursuit of greater protection for employee privacy. Reversing a decision of the Fourth Section last year, the Court held that the monitoring of an employee’s Yahoo Messenger…

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Challenging Gender Stereotyping before the ECtHR: Case of Carvalho Pinto v. Portugal

On 25 July 2017, the ECtHR delivered an important judgment on discrimination, condemning ageist and sexist assumptions made in the reasoning of the domestic court. In this post, I will share my observations about the novelty of the case and its contribution to the case-law of the ECtHR. Facts and Judgment in short…

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How to Bridge the Gap? Corporate and Government Surveillance Examined at the UN

On 21 November, the UN General Assembly Third Committee adopted the draft resolution on the right to privacy in the digital age. This came at the same time the UK passed a law (the Investigatory Powers Act) which codified what are arguably the most extreme surveillance powers in the history of any western democracy. This is…

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12 Years an Asylum Seeker: Failure of States to Deal With Asylum Applications May Breach Applicants’ Right to Respect for Their Private Life

In its ground-breaking B.A.C. c. Grèce judgment of October 13 2016, the European Court of Human Rights found that Greece violated the right of an asylum seeker to respect for his private life under Article 8 ECHR due to the failure of the Greek authorities to effectively deal with his asylum application. Whilst the facts of the…

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