With regard to the right to privacy in human rights and constitutional norms

Abstract: << the UDHR >> privacy provisions established the general pattern of the privacy protection of human rights norms, << Civil Rights and Political Rights and the International Covenant on >> implemented through the jurisprudence of the European Court of Human Rights explain more refinement << the ECHR >> norms of privacy protection and operability. refer to the protection of human rights documents mode, the written constitution of the country through a constitutional interpretation, revising the constitution, the Constituent from Privacy the point of view of the object content regulate protection of privacy through data analysis can be found, and connected to the national constitutional text value of the protection and the protection of human rights of privacy object content, with openness, to meet the actual needs of the contemporary social Privacy representatives development direction of protection of privacy regulations.

Keywords: human rights instruments; written constitution; Privacy
From a global perspective, the basic human rights of privacy status, is not a purely theoretical identified a variety of international and regional human rights documents, the countries written constitution and human rights law have about privacy normative content. However, because of the basic human rights of privacy status very late, the privacy provisions in the text of the documents on human rights and the constitutions of various countries presented directly connected to the object of the privacy features. privacy into the human rights and written constitution norms are basic human rights of privacy position in direct recognition, thus constructed Privacy actual legal protection may also played a demonstration and reference of the constitutional norms protection of our privacy paper by various international and regional human rights documents, written constitution privacy specified in the statistical analysis, the attempt to generalize privacy the constitutional norms protection type mode and analyze its characteristics.

Privacy Privacy basic human rights status in the international and regional human rights documents have clearly reflected in the the << UDHR >> implemented >> << Civil and Political Rights, the International Convention. kinds of regional human rights conventions do have the right to privacy of special provisions, and in particular to the most unique << provisions of the European Convention on Human Rights >>

(A) << the the general protected mode in the Universal Declaration of Human >> << Universal Declaration of Human Rights "(UDHR), Article 12 provides that:" any person's private life, family, residential, and communication shall be subjected to arbitrary interference with his honor and reputation to attack the right of everyone to enjoy the protection of the law against such interference or attacks. "section is considered to be directly based on the protection of personal privacy, and was unchanged moved << >> of the International Covenant on Civil and Political Rights ( The provisions of Article 17 of the ICCPR).

As can be seen from the above provisions, the UDHR is established by the Privacy object content listed the Privacy mode has two properties., Citing privacy object. Privacy, family, home or correspondence secrets constitute personal privacy the main areas, and connected with the reputation and honor, this is a very broad privacy object content listed. Secondly, it is certainly the Privacy negative inviolable right in property. Convention, "any person" from interference and attack "is a general reference, refers both to the right of everyone to the enjoyment of the right to privacy, also referred to as free from any interference, not only from country to arbitrary or unlawful interference, but also from private rights body interference. again, privacy The rights the properties actively protected by law. reflected in the provisions of "Everyone has the right to the protection of the law against such interference or attacks". UDHR and ICCPR does not give to the State to promote positive measures to promote even privacy, family, obligation to protect the home and correspondence [1], but the general opinion of the United Nations Human Rights Committee on the Convention for the state's obligation to the provisions described its 16 states: The State shall take legislative and other measures to protect the privacy of citizens not required by law to be subjected to arbitrary or unlawful interference and violation of privacy intervention line, the laws of the state itself must be consistent with the provisions, aims and objectives of the Convention, in any case, in a particular case must have reasonable privacy intervention sex.

Privacy mode UDHR established a direct impact on a number of regional and specialized protection of the rights of the Convention on Human Rights and the Inter-American Convention on Human Rights >> under 11 enjoy a private life rights ", the 1990 Convention on the Rights of the Child 1969 <<> > Article 16 provides that "the children's privacy, almost copied the privacy provisions of the UDHR UDHR Privacy mode is far-reaching, however, there are still other human rights conventions to make efforts to be more suitable for the operation of.

Specific and detailed in (b) << European Convention on Human Rights "protected mode compared with the UDHR and ICCPR, 1950 << European Convention on Human Rights >> (ECHR) by a special Court of Human Rights against Member States is directly applicable to more effectiveness on the basis of the UDHR generally established privacy protection mode, a from angle more conducive to the implementation of the detailed provisions.

First, determine the connotation of "private life". 8 "safeguard the right to privacy and family life," the first paragraph: "Everyone has to protect their privacy, the right to family life, shelter and communications." The UDHR provisions of paragraph cited for the privacy of the subject matter content the same, but is not connected with the personal honor and reputation. specific wording differences. the UDHR use "privacy" in the ECHR in "private life". because of the UDHR in "privacy" and "family life" associated provisions, so usually be understood to refer to the "private life", and the ECHR directly "privatelife" meaning expressed more clearly through the efforts of the European Court of Human Rights, ECHR in "private life" has a more precise meaning.

"Niemietz v Germany" case in 1993, the Court of Human Rights concluded there was an attempt to give a once and for all the concept of "private life" is impossible and is not necessary, but that: "privacy (a right toprivacy) far beyond personal control the strict sense of the self (control overpersonal information), also includes the meaning of the personality of autonomy and development (personal autonomy and development). "[2] shows that private life protected by the ECHR is a sense of personal autonomy and control of Privacy is a more and refining personal life expressed.

Second, direct, including Member States 'public bodies' set personal privacy protection obligations. ECHR Article 8, paragraph 2, "public body shall not prevent the exercise of these rights ..." from the provisions see that, "despite the Convention on the main provisions of the public institutions do not infringe on personal privacy obligations, but by the Court of Human Rights, or the development of a positive obligation requires the State to take positive ways and means to protect the privacy that" public body "is expanded to include member countries, thereby, paragraph 2, of the negative non-infringement and the first "respect the rights" (right to respect) combined to set a positive obligation to protect, to require the State to ensure that appropriate to protect its citizens by domestic law right to respect for private life, but also requires the State itself does not infringe on the private lives of citizens to take active measures "[3].

Third, the clear the privacy legal limit. ECHR Article 8, paragraph 2 provides for public institutions without prejudice to the obligations of the Privacy exercise, provides: "Unless this is done is in accordance with the provisions of the law in a democratic society to safeguard national or public safety or the interests of the national economy, or for the prevention of disorder or crime, the protection of health or morals or the protection of others' rights and freedoms necessary to the above limitations has three meanings: one is limited to public institutions to limit the exercise of the right to privacy ; two restrictions can only be prescribed by law; Third, the purpose of restrictions must be justified, that is, mainly the interests of the national economy, order, health, morals or the rights of others and freedom necessary to protect public safety. fulfilling the provisions of the The UDHR countries actively protect the privacy obligations.

Shows, UDHR connected to the interests of the privacy interests and reputation, honor and personality to establish a positive obligation to protect the country based on passive protection from interference, the general pattern of the privacy protection of human rights law. ECHR also directly protect privacy interests, but to do a further refinement, not only object connotations and the State duty to protect privacy has been specifically defined and clear boundaries to the limit by law the privacy provisions, so that human rights protection to privacy is more conducive to the applicable direction development. UDHR has a guiding role for the world the protection of human rights, their privacy under protected mode has an exemplary after World War II, this protection mode learn some of the country's written constitution, and the the ECHR mode has its own direct effect only bind its members, but directed at the protection of national obligations of national privacy Constitution to protect generated impact.

Second, the specification of a written constitution Privacy

UN member states a total of 192 countries, the author via the network [4] Find the English text of the Constitution of the Member States, and in the light of << the the World Constitution Britannica >> [5] Chinese text, the results except Brunei, Europe, Asia, the San Marino and 10 countries in Africa, Burundi, Congo (DRC), Gabon, Guinea, Niger, Sao Tome and Principe, Tanzania, Togo, the text of the Constitution to find a total of 182 countries (1) due to the Chinese version << World Constitution The book is "outdated content (data as of January 1997), and edited inside a lot of the constitutional text only introductory text, and the lack of the Constitution of the African countries, so, the analysis of samples mainly from the English version.

Privacy as a fundamental human rights is in the text of the constitutions of various countries have independent existence status? Search "Privacy" in the text of the Constitution of the 182 countries (right to privacy), "privacy" (priva-cy) and privacy (private) three key words, the basic situation of the following table:
The above statistics are described as follows: First, the author determined keywords based on the choices made based on the "Privacy" directly related. Reading national English text of the Constitution, some countries appear in the text of "personal life" (such as Turkmenistan 1992 Constitution), "secrecy of communication" (such as the Iranian Constitution of 1989) indirectly, with the wording of privacy, no statistics to analyze data of this article I believe that, more than focus on the direct and Privacy the keywords statistics can intuitively see that the protection of the general situation of the world Privacy constitutional text.

But in fact, the constitutional norms of privacy protection should not be limited to the countries listed in the above chart, no direct terms "privacy" in the text of the Constitution does not necessarily Privacy.

Second, select the statistics directly with the "privacy" related keyword query is narrow privacy text of the Constitution to protect the content, but even so, can also be seen from the chart on the text of the Constitution of privacy protection accounted able Statistics to 182 countries 2/3 as much (although the direct provisions of the "right to privacy" in the country is not more, but the content of the fundamental rights provisions of the "privacy" can also be seen as recognition of the right to privacy) by This shows that by a written constitution Privacy is one of the world development trend. appears from Table 1 of the Constitution through time to see listed is basically a new or revised Constitution after World War II, this description of the constitutional norms of privacy protection in the recent National Constituent Assembly or constitutional amendment reflected, and popularity.

Third, by statistics, can be seen, the content of the right to privacy, including residential (home, residence), privacy of correspondence (correspondence, communication), personal privacy (personal privacy), private life (private life), family life (family life) personal data (private papers, private documents), honor (honor), honorary (reputation), etc., these are privacy protected object. In other words, the Constitution Privacy Privacy guest content directly cited.

In summary, the author keyword query written constitution in the privacy and just describe the general situation of the privacy protection of the constitutional text, if you want an accurate grasp of the privacy provisions in the text of the Constitution and human rights law, must appear in the text of the Constitution Privacy the object content discussed.

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The three the privacy object content written constitution According to the statistics, the paper residential communications secret, privacy, private life, family life, personal data, honor, fame, etc. as privacy to examine the contents of the object. In addition, because the British unwritten constitution countries, the contents of their human rights protected by the Bill of Rights provisions, also listed this study.

By looking up the the privacy object content written constitution provides substantially the following modes: four, privacy protection features of constitutional norms combination of these charts and Constituent countries Privacy constitutional norms protection has the following characteristics: (a) there is no privacy-related provisions of the contents of the countries does not mean that the protection of privacy in Table 2 is not specified privacy related content countries except France and Indonesia are the Commonwealth countries I think, not specified in the Privacy specific reasons may be two-fold: First, under British influence. British unwritten constitution, The >> << bill of rights, enacted in 1689, is a bill to protect the right to freedom of resistance to the powers of the king, the concept of protection of the rights of free capitalism formed during the "no legal prohibition that is freedom." United Kingdom, though not directly in the Constitution or human rights law provisions privacy-related content, but the home is a castle "concept that these private areas of residential, communications secret national absolute can not interfere, the concept of human rights protection in the UK is not self-evident Constitution's main function is to limit state power, not the rights set forth in does not mean that the rights guaranteed. affected by the notion that the rights set forth in the Australian Constitution, Canada and New Zealand in the bill of rights provisions of residential, communication secrets. rights protected file is formed in the period of liberal capitalism, mainly against feudal monarchy fight for property rights, political rights, privacy protection does not reflect the needs of this France's Constitution stipulates clearly demonstrated the special provisions of the current constitution in France has no right to form the content of the protection of human rights, but admit the 1789 << Universal Declaration of Human Rights >> and the Preamble to the Constitution in 1946. "Declaration of Human Rights >> French Revolution the product at the time the right to freedom, property rights and political rights as the core is the main content, privacy the relevant protected content and provisions did not go; Preamble to the Constitution in 1946, mainly to provide political, economic and social rights, resulting In the situation of the level of constitutional norms can not find the privacy content, but the meaning of the right to freedom of the Universal Declaration of Human Rights in France is very profound, its absolutism protection of individual liberty with the concept of liberty in the United Kingdom, can be considered contain privacy protected content [ 6].

The object contents constitutional or human rights law in these countries do not appear Privacy with a certain inevitability, but this does not mean that these countries do not protect privacy, the contrary, in accordance with the right to absolute concept, these countries do not actually lack of constitutional protection of the right to privacy.

It is noteworthy that, as an EU member, the United Kingdom, France, ECHR in its domestic direct effect on privacy, ECHR specific provisions directly set a national obligation to protect, so, from the point of view of the compliance obligations of the Convention on Human Rights, in these countries the need to protect privacy.

The addition under British influence in several Asian countries, due to its constitution-making subject to the foreign culture, whether the concept of the Constitution to fit with the country's traditional culture is also worth study. Several countries Constitution provisions on the rights of content is very specific, but Privacy object content is still no concrete manifestation able to do in practice whether the protection of privacy and how to protect, the need to combine the national constitutional practice in-depth study.

(B) the traditional privacy protection mode with modern privacy protection mode proportion of matched content items listed in Table 2 can be seen, B, C, D columns under the secret inviolability of the home, correspondence, it is the Constitution two traditional protected content, by means of the Constitution explained has now become the object of Privacy, to separate or merger provisions of these two aspects of protection called traditional privacy protection mode, the total proportion of 47.8%; modern community residential and privacy of correspondence the object content protection of privacy has enough privacy, family life and home, correspondence secret parallel provisions constituted Privacy Privacy mode UDHR and ECHR established object content, this protection reference model for many countries of the world statistics show includes content from E to I provides directly related to personal privacy and privacy, private life, family life, personal data, this paper such expanded privacy right to object protection called modern privacy protection mode, the total proportion of 46.7% shows that the proportion of traditional privacy protection mode with modern privacy protection mode is roughly the same but is worth noting that the residential and privacy of correspondence in privacy the modern protection mode still necessary part, almost all national constitutions have provisions addition, 11.6% of the national protection of personal data or personal information directly into the Constitution, which is to adapt the privacy protection requirements of the information society is a reflection.

Data show that residential and secret communication based on specifically enumerated in the other countries of privacy object content in less than half a century of time (reflected) by the constitutions of various countries by the time it has reached the well-matched with the traditional mode quantity which, under the to possess constitutional amendment and re Constituent possible to privacy into more and more of a written constitution.

(C) to enumerate the object content Privacy Constitution norms protect the development trend of the world today, a rigid constitutional norms file documents in the two kinds of changes in the file. Rigid file often is the result of the accumulation of constitutional practice, do not amend the Constitution spontaneous adjustment to adapt to changes in the social development of the Constitution. rigid constitution, however, also requires the development and changes, just the way of change than by modifying the text of the Constitution but by interpreting the text and constantly enrich the text content, for example, changes in the U.S. Constitution by The interpretation of the Constitution and the constitutional review. specification file changes in the Constitution itself does not mature and improve in the face of changeable society, must be constantly revised the constitutional norms content, in order to adapt to the changing needs of social development of this type of Constitution often its guarantee of the implementation mechanism has not been fully established, in the adaptation of the Constitution itself, the constitutional guarantee mechanism is being perfected in.

Privacy protection of the constitutional text, earlier developed countries with rigid constitutional characteristics only privacy protection through residential and freedom of communication, but by means of the terms of the protection of human rights value, the object of privacy into the Constitution has long beyond the above covers the new object; countries in the new constitutional amendment or new constitution more emphasis on the Constitution itself is consistent with the entire constitutional trends, try to fully reflect the protection of human rights in the text, and privacy as an emerging human rights, usually written into the constitutions of these countries to 15 independent republic was established after the collapse of the Soviet Union, for example, belong to the traditional mode, except Tajikistan and Ukraine for the privacy provisions of the other 13 countries are modern protection mode. Azerbaijan six countries of Russia, Georgia, Uzbekistan, Armenia, Kazakhstan's Constitution provides for complete privacy object content. these countries whether the constitutional protection of an effective and practical is another matter, but the way of constitutional norms to claim the protection of human rights The complete content, represents a trend of the constitutional protection of human rights and constitutional norms of privacy, specifically enumerated in the provisions of privacy protection object content represents the development trend of the privacy protection of the constitutional text.

(D) the content of the object of protection of privacy constitutional norms openness from countries privacy protected by the Constitution of view, only a few countries direct use of the concept of privacy, even if the use of privacy and family life, housing, communications secret other object content tied. specifically enumerated in the privacy object can represent all of the Privacy? answer is no. constitutional norms in the privacy of the contents of the object are listed just cited from the real need to angle, this enumeration with generality, not an academic logic strict definition of the same. Such provisions more conducive to the implementation of privacy protected by the Constitution, and scalability, and privacy is a scalable, open the right fit .

Defects listed can never be exhausted., More countries may want to consider how the new privacy object under the premise of not revising the constitution to accommodate into their own personal data privacy in some countries constitutionally protected content If out of the text in the Constitution, a little look at privacy protection practice you will find that this problem is solved by means of constitutional norms in terms of the values ​​of human rights. usually provided in the written constitution norms and human rights documents human dignity, personal autonomy performance values ​​of human rights such as freedom of content, combined with the value of human rights in general terms, the open privacy object can be extended to the development.

(E) Privacy the constitutional norms protection capability attribute changes by comparative analysis of the text of the Constitution to protect the content of privacy can be found in the traditional protection mode, for residential and privacy protection is a negative liberty protected mode that the country can not be violated, Privacy sense of disturbance and deprivation. residential protection usually with personal documents and other property provisions in the content of the terms of the searches and seizures, shall not be unreasonably. Such provisions are directly connected with the exercise of the right of the National Criminal Investigation set boundaries and minimum specific exercise of public authority, is privacy negative does not infringe on the power of the direct embodiment modern protection mode, the Privacy directed against the state as a positive obligation, such as the Russian constitution required the protection of personal data information: "organ of state power and local self-government and its public officials should protect everyone other provisions in the law does not understand directly involved in his own right free documents and materials. "positive power not only requires the State does not infringe, and rely on the state to actively as privacy protection.

Whether explicitly in the Constitution protected the privacy of both negative and positive power, national constitutional norms limited to their own traditions, its mode selection varies. UDHR right in mode is selected, the positive power of privacy is not obvious. ECHR choose a clear point mode of the member countries, and that the effectiveness of fundamental rights is not limited to the right to defense requirements of the country as a positive right to request such a diffusion of the effectiveness of not only traditional liberties with the distinction between the standard of the modern welfare rights, it is a fundamental right objective value has been very positive power settings embodiment of orderly departure from the Constitution, the supreme law, to provide guiding significance for the legal protection of the fundamental rights. affected by the human rights documents, usually developed after World War II, new or modified text of the Constitution, the Constitutional Protection of Privacy obvious.

In summary, both modern constitution or constitutional text, Privacy into the constitutional norms is a general cited privacy itself an extension of the scope of protection, and also with the protection of their basic constitutional rights. Whether written to the protection of privacy in the Constitution provides scalability and privacy rights of privacy object content attribute change is already a fait accompli. rigid constitution to achieve the above through a flexible constitutional practice, and development in the Constitution through a constitutional amendment improve the protection of privacy norms. Of course, the privacy provisions of the constitutional text is just a static protection, if the content of the text of the Constitution provides no practical effect, the constitutional protection of privacy is just empty talk, "but in practice the real in the form of unacknowledged rights, if not inevitable is uncertain, and in fact it often is uncertain. addition, the lack of such rights precise legality of the variability Therefore, in the modern world, the rights of law , that is, the right to be recognized in the form of requirements "[7]. privacy has been universally recognized basic human rights status, documents on human rights and national constitutional text, the specific provisions of the Privacy constitutionally protected privacy provide basic information, but also our the Privacy ability into the constitution and how into the constitution upon which to draw inspiration.

References:

[1] [Austrian] Manfred Nowak. Civil Rights Convention assessment Note [M]. Bi Xiaoqing translated. Beijing: SDX Joint Publishing Company, 2003.288. [2] Jemima Stratford. "Striking the Balance: Privacy vFreedom of Expression under the European Coven-tion on Human Rights [A]. Madeleine Colvin.De-veloping key privacy rights [C]. Oxford and Port-land, Oregon, Hart Publishing, 2002 (17) . [3] Jemima Stratford. "Striking the Balance: Privacy vFreedom of Expression under the European Coven-tion on Human Rights [A]. Madeleine Colvin. De-veloping key privacy rights [C]. Oxford and Port-land, Oregon, Hart Publishing, 2002 (21). [4] http://confinder. richmond. edu /; http://www. servat. unibe. ch / icl /; http://www. helplinelaw. com / law /; 2011-05-30. [5] Jiang Shilin. The World Constitution Britannica [M]. Qingdao: Qingdao Publishing House, 1997. [6] Zhou. Basic constitutional rights: Principles, Regulations application [M]. Beijing: Law Press, 2006.132. [7] [U.S.] Friedman. Select the Republic --- legal, authoritative and culture [M]. Gao Hongjun translated. Beijing: Tsinghua University Press ,2005.12-13.

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