La garantía de la inviolabilidad del domicilio (Art. 18.2 CE): jurisprudencia (TC, TEDH y TJUE) y legislación

Abstract

The guarantee of the inviolability of the home (art. 18.2 SC) according to the Constitutional Court and Europen Court of Human Rights doctrine suggests a weak relationship between home and its natural aim, the development of privacy. It does have effects on the more extensive protection of the right and legal certainty. To that, one must add the progressive increase of the flexibility in the releatioship between the home and its holder in the case law and legislation ¿ natural or legal person¿. The inviolability of the home has traditionaly a clear reactional structure. Nonetheless, the European Court of Human Rights, with support in art. 8.1 of the European Convention of Human Rights has eventualy included contents as a healthy environment or an effective living. This is indeed forcing elements of the fundamental right as it is embraced by our Constitution.

Keywords

• privacy
• inviolability
• legal person
• private life
• virtual space