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Fundamental Rights

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Chapter Summary

The concept of natural law is one that posits that human needs yield natural laws that benefit humanity. Therefore, under a natural law theory, the right to privacy grounded on natural law resulting from humans’ ability to reason. A theory of positive law states humans in order to live in a state of peace, and discards notion of natural law being the basis of creation of laws to govern human interaction. The parameters defining the right to privacy, and the extent to which the right to privacy must be respected at the international level today, must be assessed based on the level of consent among nations with respect to the treaties affording privacy rights, and on the possible consensus among nations as to whether there is a fundamental right to privacy. Human rights law is considered the off spring of natural law.

Keywords:fundamental rights; human rights; natural law; positive law; right to privacy

10.1163/9789004192195_003
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