Obligațiile pozitive ce reies din conținutul art. 8 al Convenției Europene a Drepturilor Omului: respectarea vieții private

Abstract

Th e European Court of Human Rights developed specifi c case-law with reference to positive obligations put upon contracting parties according to art. 8 of the European Convention on Human Rights. As it is proved further, contents of art. 8 (right to respect for private and family life) prescribe much more positive obligations as any other article of the ECHR, this fact due to the very complex nature of elements of protection enshrined there. In the present scientifi c paper, there are analyzed the following positive obligations based on the respect for private life: offi cial recognition of a chosen name; recognition of ethnic identity; assurance of the access to offi cial information; promotion of facilities to persons with special needs; assurance of persons’ physical, moral and sexual integrity; offi cial recognition of transsexual persons’ legal status; protection against pollution; protection of personal data etc.

Keywords

• Curtea Europeană a drepturilor omului
• Convenţia Europeană a drepturilor omului
• speţă
• viaţă privată
• obligaţii pozitive