PERSONAL LIFE: THE MYSTERY OR RESPECT?
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
Privacy is a private matter of a person the content and form of which the person defines itself. The concept of privacy has not unanimous understanding in literature. There is a number of approaches to its understanding. Firstly, it is treated as property, moral, cultural and other links that are created on the basis of family, friendship and other relationships between people in privacy, procreation, housing, housekeeping, hobbies, taking part in cultural life, outlook, thoughts and beliefs. Secondly, privacy is considered through the opposition of private – public life. Today, the public life is not identified only with political activities. It is considered as a sphere of life that is open to the society and reflects the interests of community and state. Transformations that have been in private life took it out of the personal, intimate areas that were covered from the others, and made it a part of civil life. One may state that there is no clear boundary between private and public life. And the question about the concern of a particular human behavior to the private or public life should not be guided only by the criteria of their distribution. Privacy is the right to make a decision about how to spend his life and everyone’s right to cover it or not to others without intervention from outside. Modern realities demand us to speak at the legislative level about respect but not secrecy that is absorbed by the previous term. Privacy deserves full respect, which reflects the official legal recognition of precisely such values. Undoubtedly, in this case we are talking not about the respect of its subjective and moral aspect (respect as emotion), but in outside behavior, socio-ethical and legal terms (respect as an action). The difference between the statements of the «right to privacy» and «right for the respect to privacy» is obviously lies in presence in the latter case some positive legal duties imposed to the obligated persons.
Authors and Affiliations
Н. О. Горобець
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