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What is ELSA? ELSA is an international, independent, non-political, non-profit-making organisation run since by and for students. It is comprised of students and recent graduates who are interested in academic and personal excellence. ELSA offers law students a perfect platform to develop their existing skills, acquire new skills and meet fellow students and legal professionals throughout Europe.

ELSA gives many opportunities to its members to get access to premium projects. With ELSA, this is a reality! And ELSA will provide you with the opportunity to work on projects throughout Europe with people of multiple nationalities.

Students and young lawyers enrolled in ELSA are seeking for excellence. They are not afraid to challenge their legal skills and are willing to invest their free time into the improvement of their knowledge.

Purpose To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers. Means To provide opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific co-operation.

To assist law students and young lawyers to be internationally minded and professionally skilled. To encourage law students and young lawyers to act for the good of society. The activities of Law Review are the followings: 1. Articles, academic researches, interpretations; 2. Information related to law sphere on a local and international level; 3. Printing interesting local and international judiciary acts. Key words: private life, physical integrity, moral integrity, reputation, right to a name, sexual identity ABSTRACT This article is dealt with the article 8 of European Convention on Human Rights [1] especially the theme of right to private life.

To a certain extent, it also encompasses the relationships of an individual with his social environment, the protection of personality rights and personal autonomy as well the possibility to personal development. In the case of Costello-Roberts v. Respect for private life must also comprise to a certain degree the right to establish and develop relationships with other human beings.

What is clear is that the notion of private life is. Instead of providing a clear-cut definition of private life, the Court has identified, on a case-by-case basis, the situations falling within this dimension. The application of Article 8 to naturalization claims has proven to be sensitive: although the provision does not guarantee the right to acquire a particular nationality, in the Genovese case the Court stated that it could not be ruled out that an arbitrary denial of citizenship might, in certain circumstances, raise an issue under Article 8 of the Convention because of the impact of such a denial on the social identity aspect of the private life dimension protected by that provision [3].

An excessive delay in the registration of a marriage has also been considered to fall under the remits of the provision. In the case of Pfeifer v. In the case of Petrina v. Romania it stated that a reputation forms part of the individual identity and psychological integrity, imposing a duty of protection on national courts, even if the criticism is expressed in the context of a public debate.

Nonconsensual or compulsory medical treatment or examination, regardless of how minor, will certainly fall within the protective scope of private life under Article 8. Examples of cases where physical or moral integrity were or could have been looked at from an Article 8 perspective include: the administration of medicaments to a severely handicapped child by hospital staff against the wishes of his mother Glass v.

United Kingdom ; a strip search of all visitors of a prison, regardless of any reasonable suspicion of having committed a criminal offence Wainwright v. United Kingdom ; forcible administration of emetics to a suspected drug trafficker in order to provoke vomiting of the psychotropic substance swallowed Jalloh v. Germany ;and the forcible gynaecological examination of a detainee Y. Examples of psychological integrity include: the deportation of a mentally ill person to a place where his condition would go largely untreated Bensaid v.

United Kingdom ; and repeated psychiatric examinations at short intervals in connection with similar criminal cases before the same court Worva v. Poland [4]. Since interferences with the sex life touch upon a particularly intimate part of the life of the affected person, the margin of appreciation accorded to the contracting states in this area is narrow. In addition to the requirement to be based on a law, interferences with the sexual life of a person have to respond to a pressing social need.

In a number of resolutions, the Court has scrutinized legislation pertaining homosexuals. In the case Dudgeon v UK, the applicant complained about laws in force in Northern Ireland according to which homosexual acts between consenting adult males constituted a criminal offence. The applicants house had been searched by police for drugs. On this occasion, private correspondence and diaries were confiscated.

Since homosexual activities were described in these documents, the applicant was questioned by police about his private and sex life. No charges were brought against the applicant. At this point of time, no proceedings for homosexual acts between adults over the age of 21 had been instituted for several years already.

The Court stated that the very existence of legislation sanctioning homosexual acts amounted to an interference with the right to private life, regardless of the fact that in general no proceedings were initiated against consenting adults engaging in homosexual activities. The Court pointed also to the fact that, while as a matter of practices the prosecution discontinued proceedings in such cases, there was no official policy to this effect in place.

The European Court of Human Rights has initially adopted a restrictive approach to the impact which the Convention has on these issues. In Rees v UK, the applicant was a female-tomale transsexual. After changing his name to a male name, he requested a new passport. They also did not grant his request to alter the birth register. The Court held that the lack of legislation governing the change of official documents and registers did not amount to a violation of article 8 ECHR.

It pointed to the margin of appreciation contracting states enjoy concerning the measures to adopt in view of transferring the guarantees enshrined in article 8 into national law.

While there were by-laws to resolve issues such as the one brought forward by the applicant were in place in some Council of Europe member states, the ECHR stated that the UK could was not compelled by article 8 to enact similar legislation.

In Cossey v UK, the Court has confirmed this approach. The applicant had undergone gender re-assignment and wished to marry. Authorities had informed her that she was legally still considered a man. The Court stated that there were no reasons to depart from its judgment in the Rees case, since there were no scientific or social developments which would justify or require a different evaluation. The issue of the applicability of Article 8 to the choice of first and last names was first examined by the Court in the early s.

In the case Guillot v. References: 1. Available at: www. Feldman David, Oxford University Press, sixth edition, 4. Council of Europe human rights handbooks: Protecting the right to respect for private and family life under the European Convention on Human Rights, by Ivana Roagna, Strasbourg, According to this important role there is need for researching about consumer protection mechanism, particularly in the digital marketing.

Constant developments in the area of digital technology are fundamentally changing the way consumers interact and shop online.

With the digitization of entertainment and information and the tools for its production, the distribution of digital content has increasingly shifted from the physical to online domain. Digital content is offered via a plethora of different business models, and an end to the innovation and development in this sector is not yet in sight.

When the application or device used to access the stream is turned off, the ephemeral copy is deleted , webcasting digital content is streamed over the Internet. A new and increasingly valuable currency in digital content markets is personal data.

At the same time, the abili-. Restrictions of consumer choice are thus not only of concern to individual consumers but also to public policy. Closely related to the possibility to access digital content and to exercise choice is the aspect of media diversity. A well-balanced diet of media content from different speakers, viewpoints, ideas and ideals is the matrix for cultural exchange, democratic participation and personal self-deployment.

The primary goal of European media policies is then also to ensure that viewers have access to pluralistic media content. Usage restrictions Consumers do have certain expectations regarding digital content. Two categories of expectations can be distinguished: 1. The first category includes being able to perform certain usages that consumers are already accustomed to from traditional media. Examples include the ability to copy and play a CD or MP3 on different devices - for example, a CD player, a car audio system, a computer consumptive use or portable music player.

Consumers become concerned when DRM, and the contractual conditions it enforces, restricts these forms of usage. A second category includes new forms of usage that are brought to consumers by digitization, such as the ability to forward digital content, share it electronically with friends, access digital content, use it on different devices, etc. From the perspective of consumers, digitization adds new usage possibilities, such as the ability to make better quality copies or the possibilities to transform digital music into MP3 files.

To some extent, this attitude is stimulated by the content industry itself by advertising CD quality as superior and by marketing MP3 players.

Consumers expect certain customary features of digital products, even if they have to pay extra for them. Consumer Information and Transparency The next most commonly experienced problem is the lack of information or the low quality of information provided, combined with the fact that key information is often obscured, as when it is.

At the same time, when talking about consumer protection in digital content markets, the need for transparency is probably the most frequently made suggestion of how to improve the situation for consumers.

Consumers experience a lack of, or incompleteness of, legal information regarding instructions on how to report problems to suppliers, the cancellation policies, the terms of use, the license agreements, and the information on the warranty.

They also encounter difficulties understanding the information that is provided, due to the complexity and technicality of the language as well as the length of the information provided. Other studies demonstrate that users are badly informed about the usage of cookies and behavioural advertising strategies, for example.

Still other problems identified were a lack of information on charging and payment structures as well as product bundling. Transparency of contractual or technical restrictions is another concern in this context. Surveys among digital music users and digital video content users found that a majority of the users of digital music or video offerings felt inadequately informed about eventual usage restrictions or the fact that DRM is used to enforce such conditions.

The apparent contradiction in the valuation of privacy problems can possibly be explained by the fact that, while it is probably true that consumers are very concerned about their privacy in abstracto, in practice they will find it difficult to identify threats to their privacy or recognize privacy issues as the source of problems they experience.

In other words, while users may complain — for example, about receiving personalized advertising — they are not necessarily aware that this is also a potential privacy issue and problem with respect to the protection of their personal data.

Also, users are often not informed or only to a limited extent about potential privacy threats. The privacy problem that was most perceived by consumers in the Europe Economics study, for example, was related to the amount of information that was requested which felt excessive or inappropriate, while most did not realize how much monitoring and collecting of information occured on their own actions. Fair Contracting Similar to the situation with privacy, the fairness of contractual terms is a much-cited consumer concern and is frequently referred to especially by consumer representatives.

Again, it needs to be noted that it can be difficult if not imposibble for laymen to recognize the unfairness of contractual terms.


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