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Legal regulation and ensuring ot the inviolability of private, family and intimate life


Author: Butnaru Iulia
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2022
Scientific adviser: Ţurcan Serghei
doctor, associate professor (docent)
Institution: Free International University of Moldova

Status

The thesis was presented on the 14 July, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.84 Mb / in romanian
Adobe PDF document0.78 Mb / in english

Thesis

CZU 342.739 (043.3)

Adobe PDF document 2.29 Mb / in romanian
180 pages


Keywords

intimate life, private life, family life, personal data, sexual identity, ECHR jurisprudence, privacy, family

Summary

Structure of the thesis: introduction, 4 chapters, general conclusions and recommendations, 241 bibliographic sources, basic text of 158 pages. The results obtained are reflected in 6 scientific articles. Keywords: intimate life, private life, family life, personal data, sexual identity, ECHR jurisprudence, privacy, family.

Field of study: Constitutional law. The purpose of the paper is to carry out a scientific research on the essence and content of the right to intimate, family and private life, the complex approach of this right through the provisions of national legislation, international instruments, doctrinal opinions and judicial practice in the field.

Research objectives: Determining the multidimensional content of the right to intimate, private and family life; research of the right to intimate, private and family life in an evolutionary way, examining the ECHR's judicial practice on cases claiming violation of the right to private, intimate and family life; analysis of the right concerned through the doctrine and national legislation in the field; highlighting the existing deficiencies and gaps and formulating some theoretical and practical proposals on guaranteeing the fundamental right in question; formulating some recommendations for improving the regulatory framework in the field.

Scientific novelty and originality consists in the complex and multiaspectual analysis from the legal perspective of the right to intimate, family and private life, the analysis of the evolution of ECHR jurisprudence on cases initiated under Article 8 of the European Convention of Human Rights, indicating the solutions adopted in each case, including the examination of the cases brought before the ECHR against the Republic of Moldova, with the same object, in order to highlight the current tendencies of perception of the intimate, family and private life.

The result obtained, which contributes to solving an important scientific problem consists in identifying all „traditional” and „modern” aspects currently covered by the notion of private life and determining the degree of legal protection given to them by national and international rules, which led to the formulation of definitions of the concepts of private, intimate and family life having as final result the formulation of some proposals for lege ferenda in order to improve the normative framework in the field. Theoretical significance of the paper consists in shaping a coherent theoretical and scientific framework in correlation with the existing normative framework regarding the right to intimate, private and family life, which have the purpose of outlining the current categories protected by constitutional law to the intimate, private and family life and identification of gaps that need to be elucidated. Applicative value of the paper lies in the possibility of using the scientific concepts highlighted in it as a source of documentation for potential petitioners at the ECHR, claiming violation of the right to intimate, private and family life under Article 8 of the European Convention on Human Rights.

Recommendations for improving the legislation will be useful in the process of aligning the national legislation in the fields related to the right to intimate, family and private life to the requirements of the European standards.

Implementation of scientific results. Clarifying the essence and content of private, intimate and family life, as well as the presentation of proposals for lege ferenda in order to improve the regulatory framework in the field can contribute to the effective protection of this fundamental right. The results of the study were reflected by the author in articles published in various magazines, article collections. The theses addressed in this paper were presented in a series of national and international conferences. The results of the investigations reflected in this paper may be useful for students, master students, at the same time, the study in question can be useful to those who intend to bring an action before ECHR under the Article 8 of the European Convention on Human Rights. Also, the recommendations for the improvement of the legislation can serve as a doctrinal support to a possible modification of the normative acts that are related to the right to intimate, private and family life.