Von Hanover Vs Germany: Privacy Law Since The Hra

2850 words - 11 pages

September 2007
Von Hannover v. Germany
Few decisions of the European Court of Human Rights (hereinafter ECtHR) have received as much media attention as the judgment in the case under review, in which the princess of Monaco, Caroline von Hannover, defended her right to privacy against intrusions by paparazzi and the tabloid press. The Third Section of the Court held unanimously that Germany had violated the applicant's right to privacy under the European Convention on Human Rights (hereinafter ECHR),2 when its courts, including the Federal Constitutional Court, denied her damages for the publication of pictures showing her shopping, in a restaurant courtyard, and at a private beach club. In weighing the right to privacy with the freedom of the press (articles 8 and 10 of the convention, respectively), the seven judges found that there was no public interest in knowing facts of an essentially private nature that could override the applicant's privacy right. Despite heavy lobbying by media corporations, the German government decided against requesting a referral of the case to the Grand Chamber for review under article 43 of the convention.3 The German Federal Constitutional Court subsequently hinted that it does not consider itself obliged to bring its own case law fully in line with this judgment.4
The case is the last in a series of proceedings brought by the applicant in German courts against the publication of pictures of her and her family. The German Federal Court, the highest civil court, determined that the public's interest in pictures showing "public figures"5 outweighs their right to privacy unless they have retreated to a secluded place.6 The Federal Constitutional Court largely upheld this judgment, reversing and remanding it only with respect to pictures that showed the applicant with her children. The German Constitution particularly protects the relationship between parent and child.7 As a consequence, the respondent media corporation promised not to publish those pictures again.
Thus, the question before the European Court of Human Rights was whether the German courts had struck a fair balance between the freedom of the press and the right to privacy in light of the Convention guarantees with respect to the remaining photos. The Court began by pointing out that the scope of "private life" under article 8 also encompassed a "zone of interaction with others, even in a public context."8 Consequently, pictures showing the applicant outside her home pursuing unofficial activities concerned her private life. The Court then asked whether Germany had fulfilled its duty in securing the applicant's privacy. According to its longstanding case law, such "positive obligation[s]" may arise under the Convention guarantees,9 and they may extend to the relationship between private persons.10 For this reason, the German courts had to ensure the media's proper consideration for the applicant's privacy.
On the other hand, the...

Find Another Essay On Von Hanover VS Germany: Privacy Law since the HRA

National Security vs. the Right to Privacy

3061 words - 12 pages future, enter your street address at globexplorer.com. You will see a satellite picture nearly good enough to show a car parked in your driveway, or mine” (106). It is situations such as these that begin to compromise the privacy that the United States has boasted about since it was formed. Rita Cain, a law professor at the Bloch School of Business and Public Administration, debates that, “The constitutional right of privacy…, however

National Security vs. the Right to Privacy

790 words - 3 pages rethinking will concern law-how we will balance understandable demands for improved security with our right to privacy, our freedom to travel, our free speech, our policy of welcoming immigrants, and our commitment to a tolerant society. Once we learn how the terrorists learned to fly these Boeing planes, should we place new restrictions on pilot training? Access to flight simulators? First Amendment experts may rightly be concerned about such

Moral Law Vs Natural Law In The Scarlet Letter

1844 words - 7 pages Moral Law Vs. Natural Law "At the dramatic center of The Scarlet Letter is the idea of the awesomeness and inescapability of the Moral Law, to which all else is finally submitted," (Levy 384).Assuming that Hawthorne wrote The Scarlet Letter exploring the relationship between Moral law and Natural law, he chooses the moral laws to be absolute. Using definitions of nature and character provided by Seymour Katz applied to the terms natural law and

The Code of Hammurabi vs. the Hebrew Law

571 words - 2 pages The Code of Hammurabi and the Hebrew's law code are extremely similar although they do have some differences. Both of the systems of law contain some of the same "eye for eye" concepts. One of the main differences between the two codes is the code of Hammurabi is much more strict and unforgiving than the Hebrew's system of law. If the United States were to choose to adopt one of these systems of law the code of Hammurabi would change our country

How Sophocle's Antigone effectively presents its theme, which is that of human law vs. divine law and the inevitable triumph of the gods.

701 words - 3 pages There are many principles and themes existing in Sophocles' tragedy, Antigone. The dialogue and action of the play, along with the choral odes, effectively present the themes and principles. The principles that are at stake in the central conflict are the role of gender and the role of pride. However, the major theme of the tragedy is the conflict of interest between human law and divine law.The conflict between human law and divine law is the

The Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution

3695 words - 15 pages individual occupies an elevated status in the assessment of what law ought to include.[9] Sections 11 – 13 of the HRA, particular in their promotion of individual rights, appear to enhance this portion of the substantive interpretation.[10] The substantive interpretation is argued to be the more complete, whole version of the concept of the rule since it incorporates some formal tenets too.[11] Put simply, it is not

Human Rights

2568 words - 10 pages as previously the UK government did not provide any protection of privacy to the citizens as shown in Malone v UK (1984). Since the incorporation of Rights in domestic law, the Article 8 has provided a better protection of their privacy under ECHR. This can be seen in the case of Ghaidan v Mendoza (2004) and B v UK (2004) where it concerned with homosexual. To add more, in 2002, the European Court of Human Rights found that UK had breached Art.8

German Unification

1210 words - 5 pages Assess the success of German Unification under Otto von Bismarck.German Unification under Otto von Bismarck was a means of distracting and deflecting growing German calls for reform in the structure of society and politics. Bismarck's unification of Germany created a state that was politically backward and unprepared to change with the powerful social upheavals that the rest of Europe was undergoing. This is clearly evident in the emerging

Friedrich Ebert: A Polarizing Figure in German History

2354 words - 10 pages commitment and competence as an activist stood out and Ebert was elected secretary of the union federation in Hanover, Germany. The role suited Ebert who was prepared to do the jobs others were not – acting as a negotiator and master of details – but the illegality of some of his actions and a bad economy often left him without a job. In 1891 Friedrich moved to Bremen and established an SPD headquarters there in 1893 after negotiating with capitalists

Contract Law

1915 words - 8 pages Since proprietary rights are the main concern of land law, the human rights and land law may in theory, have an antithetical nature. Until relatively recently the traditional distinction marked out in the English law of realty between personal and proprietary rights had been a fair one. However, this may no longer be taken into account with the recent phenomenon of Human Rights. Kevin Gray & Susan Francis Gray in their Land Law book (2011), have

Human Resource Accounting- Tool for measuring Human resource value

5174 words - 21 pages HUMAN RESOURCE ACCOUNTINGAccountingObjectivesAfter going through this unit, the reader should be able to:l understand and define the concept of Human Resource Accounting, its objectivesand its role in Human Resource Management;l understand the measurements of Human Resource Costs; andl understand the measurements of Human Resource Value.Structure18.1 Introduction18.2 What is HRA?18.3 Why HRA?18.4 Historical Development of HRA18.5 Information

Similar Essays

The History Of Germany Since 1945.

1857 words - 7 pages released in February 2005 showed an unemployment rate of 12.6% of the working age population, or 5.2 million workers, the highest jobless rate since the 1930s," ("Germany", Wikipedia).Other social issues in Germany, namely social welfare and immigration, are standard throughout all of Europe.Through this, it is evident that Germany's history post 1945 is incomparable to that of any other country. The political, social and economical structures between

Kurt Von Schleicher And The Rise Of Nazism In Germany

1024 words - 4 pages men, and specifically Kurt von Schleicher, played paramount roles politically in regards to Hitler's rise to power in the nineteen-thirties.Kurt von Schleicher played an important role in German politics throughout World War I and on into the uproar in the later thirties. By the spring of 1932, Schleicher had become a close advisor to President Hindenburg. "A member of the minority nobility of western Germany rather than of the Junker

Otto Von Bismarck's Foreign Policy Genius After The Unification Of Germany

767 words - 3 pages Through the political brilliance of Otto von Bismarck Germany was able to unify, in 1871, as well as become a major European power. After the unification, he served for nineteen years, as the first Chancellor of Germany. During his reign, he put together a masterful foreign policy plan, which preserved peace in Europe for almost two decades.During his nineteen year reign as Chancellor of Germany, Bismarck had unbridled access to the foreign

Privacy: The Government Vs The American People

2301 words - 9 pages communications between foreign nationals and U.S. citizens. Why are they examining communications going in and out the U.S.? The NSA has justified their actions under the principle of “Your Data: If You Have Nothing to Hide Then You Have Nothing to Fear” (Domestic). “In the past, domestic law enforcement agencies collected data AFTER a suspect had been identified” (Domestic). Up until several years ago this was the policy of the NSA, allowing the privacy