Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006family life and the right to privacy. The European Convention defines thisright in Article 8 in the following way:„1. Everyone has the right for their private and family life, home andcorrespondence to be respected.2. Public authorities will not participate in the execution of this right, unlessit is in accordance with the law and necessary in a democratic society in theinterest of national security, public security, or the economic welfare of thecountry, for preventing riots and crimes, protection of health or morals, orfor the protection of rights and freedoms of others. 57 “In a similar way, the Small Charter regulates the same thing in Article 24,Paragraph 1:„Everyone has a right for their private and family life, home and secrecy ofcorrespondence to be respected 58 “.The 1990 Constitution of Serbia also regulated the right to private life inArticle 18, in which it is stated that human dignity and the private life of aperson are inviolable 59 . One of the basic international documents on theprotection of human rights, the 1966 United Nations’ Covenant on Civiland Political Rights, in Article 17 also regulates the right to a private life 60 .In this Article it is stated that:„1. No person can be the object of arbitrary or unlawful interference in theirprivate life, their family, their home or their correspondence, nor unlawfulinjuries to their honor or their reputation.2. Every person has the right to protection by the law from such interferenceand injuries 61 “However, this right has not been put in the catalogue of human rights ofthe new Constitution. Instead of the standard and so far undisputed way ofregulating and stipulating this law, those who framed the constitution havedecided to single out three of its segments, the inviolability of home 62 , the57 Article 8 of the European Convention, see above under 2958 Article 24, Paragraph 1 of the Small Charter, see above under 3659 The Constitution of Serbia from 1990, Article 18, see above under 2560 The International Covenant on civil and political rights, see above under 2861 Ibid, Article 1762 Article 40 of the new Constitution, see above under 722
Implementation of Transitional Laws in Serbia 2006secrecy of correspondence and other means of communication 63 , and theprotection of data about a person 64 . This completely original solution is notonly an unjustified and unnecessary tailoring of existing human rights, butit also dangerously diminishes the rights of citizens to exercise some otheraspects of law, developed through the practice of the European Court forHuman Rights in Strasburg.Practice of European Court recognize right to privacy as one of the mostefficient obstacles for unjustified meddling of the state in the private livesof the citizens and an abundant source of new solutions and improvementsfor the protection of individuals 65 . According to the previous practice, inthe field of this right, the Court dealt with the following subjects: gatheringand using information about a person 66 , medical examinations 67 , rights ofpersons with same sex orientation 68 , abortion 69 , privacy of sexual life 70 ,name 71 , business and professional relations 72 , psychological integrity 73 ,biological parenting 74 , problems of child adoption 75 , endangering family lifeby deportation 76 , contact of prisoners with family members 77 , inviolabilityof the home 78 , violation of home by means of noise, smell, pollution orharassment 79 , correspondence of prisoners 80 , issues on the quality of lawswhich regulate were tapping and gathering information 81 , and other aspectsof life in which the violation of privacy is conceivable.Practicing the right to privacy even in its narrow meaning has beenprecluded by leaving out this article. The concept of the right to privacyhas been articulated in the end of the 19. Century in US legal theory. It wasformulated in an expert article by Samuel D. Woren and Luis Brendis in the63 Ibid, Article 4164 Ibid, Article 4265 The European Court has taken the position that the contents of this right cannot be taxatively determined inadvance in the case Costello – Roberts v. Great Britain66 For example: the case X v. Great Britain, case X v. Austria, case Gaskin v. Great Britain, case Leander v. Sweden orthe case Rotaru v. Romania67 For example: X v. Austria, X v.Federal Republic of Germany or X v. Holland68 X v. Federal Republic of Germany, X v. Great Britain, case Noriss i Modinos or the case Dudgeon v. Great Britain69 Case Bruggemann and Scheuten v. Federal Republic of Germany or Hertz v. Norway70 Case Dudgeon v. Great Britain or X v. Federal Republic of Germany71 For example: case B v. France or the case Stjerna72 For example: case: Niemietz v. Germany73 For example: case X i Y v. Holland or the case Costello Roberts v.Great Britain74 For example the case Kroon75 For example: case X v. France or Cecilia i Lisa Eriksson v. Sweden76 For example: case Moustaquin v. Belgium or Beldjoudi v. France77 For example: case X v. Austria, X v. Great Britain or X i Y v. Switzerland78 For example: case Gillow, Cyprus v. Turkey or the case Velosa Barreto79 For example: case Arrondelle v. Great Britain or the case Powell i Rayner80 For example: case Boyle and Rice, case Reed v.Great Britain or the case Pfeifer and Plankl81 For example: case Klass and others v.Germany, Kopp v. Switzerland or Rotaru v. Romania23
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Implementation of Transitional Laws in Serbia 2006

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