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Freedom Of Expression And The Protection Of Private Life In The Case-Law Of The European Court Of Human Rights: A Field Of Tension

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Chapter Summary

Rights and freedoms protected by the European Convention on Human Rights are not absolute. Freedom of expression is protected by Article 10 of the Convention. In the absence of a clear and categorical determination of the limits of freedom of expression, in situations of conflict of the two equally protected rights, the case-law of the Convention is the only authoritative source to detect the answer that the Convention's organs, and more specifically the European Court of Human Rights, have given to the problem. This chapter sees the 'typology' of the case-law: most of the cases that have been examined by Strasbourg concern complaints of individuals for non-respect of the freedom of expression, in a situation of a clash of the latter with a private life right. Then, it discusses the case-law of the Court in situations where a complaint is raised under Article 8, and concerns its transgression.

Keywords: European Convention on Human Rights; European Court; freedom of expression; private life right; Strasbourg concern complaints



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