eu-charter

Euroopa Liidu põhiõiguste harta

Artikkel 7 - Era- ja perekonnaelu austamine

Artikkel 7 - Era- ja perekonnaelu austamine

Igaühel on õigus sellele, et austataks tema era- ja perekonnaelu, kodu ja edastatavate sõnumite saladust.

  • Text:

    Artikliga 7 tagatud õigused vastavad Euroopa inimõiguste ja põhivabaduste kaitse konventsiooni artikliga 8 tagatud õigustele. Selleks, et võtta arvesse arenguid tehnoloogia valdkonnas, on mõiste `korrespondents` asendatud mõistega `edastatavad sõnumid`.
    Vastavalt harta artikli 52 lõikele 3 on nimetatud õigusel sama tähendus ja ulatus kui Euroopa inimõiguste ja põhivabaduste kaitse konventsiooni vastaval artiklil. Seega on piirangud, mida võib sellele õigusele seadusega kehtestada, samad kui Euroopa inimõiguste ja põhivabaduste kaitse konventsiooni artikliga 8 lubatavad piirangud:
    `1. Igaühel on õigus sellele, et austataks tema era- ja perekonnaelu ja kodu ning korrespondentsi saladust.
    2. Võimud ei sekku selle õiguse kasutamisse muidu, kui kooskõlas seadusega ja kui see on demokraatlikus ühiskonnas vajalik riigi julgeoleku, ühiskondliku turvalisuse või riigi majandusliku heaolu huvides, korratuse või kuriteo ärahoidmiseks, tervise või kõlbluse või kaasinimeste õiguste ja vabaduste kaitseks.`

    Source:
    Euroopa Liidu Teataja C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Käesolevad selgitused valmistati algselt ette Euroopa Liidu põhiõiguste harta koostanud konvendi presiidiumi juhtimisel. Selgitusi ajakohastati Euroopa Konvendi presiidiumi vastutusel, pidades silmas nimetatud konvendi poolt harta tekstis (eelkõige artiklites 51 ja 52) tehtud kohandusi ning liidu õiguse arengut. Kuigi selgitustel endil pole õigusjõudu, on nad harta tõlgendamisel väärtuslikuks vahendiks, mille eesmärk on selgitada harta sätteid.
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2 results found

  • Instrument of Government
    Riik:
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    Chapter 1 - Basic Principles of the Form of Government: Article 2 (...) The public institutions shall promote the ideals of democracy as guidelines in all sectors of society and protect the private and family lives of the individual. (...) Chapter 2 - Fundamental Rights and Freedoms; Article 6 Everyone shall be protected in their relations with the public institutions against any physical violation also in cases other than cases under Articles 4 and 5. Everyone shall likewise be protected against body searches, house searches and other such invasions of privacy, against examination of mail or other confidential correspondence, and against eavesdropping and the recording of telephone conversations or other confidential communications. In addition to what is laid down in paragraph one, everyone shall be protected in their relations with the public institutions against significant invasions of their personal privacy, if these occur without their consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.

  • Kungörelse (1974:152) om beslutad ny regeringsform
    Riik:
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    1 kapitlet - Statskickets grunder: 2 § (...)Det allmänna ska verka för att demokratins idéer blir vägledande inom samhällets alla områden samt värna den enskildes privatliv och familjeliv. 2 kapitlet - Grundläggande fri- och rättigheter: 6 § Var och en är gentemot det allmänna skyddad mot påtvingat kroppsligt ingrepp även i andra fall än som avses i 4 och 5 §§. Var och en är dessutom skyddad mot kroppsvisitation, husrannsakan och liknande intrång samt mot undersökning av brev eller annan förtrolig försändelse och mot hemlig avlyssning eller upptagning av telefonsamtal eller annat förtroligt meddelande. Utöver vad som föreskrivs i första stycket är var och en gentemot det allmänna skyddad mot betydande intrång i den personliga integriteten, om det sker utan samtycke och innebär övervakning eller kartläggning av den enskildes personliga förhållanden.

12 results found

  • Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022 amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigation

    (57) This Regulation fully respects the fundamental rights and safeguards, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’), in particular the right to respect for private and family life and the right to the protection of personal data as provided for by Articles 7 and 8 of the Charter, as well as by Article 16 TFEU. Given the importance of the processing of personal data for the work of law enforcement in general, and for the support provided by Europol in particular, this Regulation should include enhanced safeguards, democratic oversight and accountability mechanisms, to ensure that the activities and tasks of Europol are carried out in full compliance with fundamental rights as enshrined in the Charter, in particular the rights to equality before the law, to non-discrimination, and to an effective remedy before the competent national court against any of the measures taken pursuant to this Regulation. Any processing of personal data under this Regulation should be limited to that which is strictly necessary and proportionate, and subject to clear conditions, strict requirements and effective supervision by the EDPS.

  • Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market

    [...]

    (30) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union (‘Charter’). Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to freedom of expression, the freedom to conduct a business and the right to property, including intellectual property. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter, and it is essential that such processing be in compliance with Directives 95/46/EC and 2002/58/EC. In particular, providers of online content services should ensure that any processing of personal data under this Regulation is necessary, reasonable and proportionate in order to achieve the relevant purpose. Where authentication of a subscriber is sufficient in order to provide the service, identification of the subscriber should not be required. Data collected pursuant to this Regulation for the purposes of verification of the Member State of residence should not be stored by the provider longer than necessary to complete such verification. Such data should be immediately and irreversibly destroyed after the verification is completed. However, this is without prejudice to the storage of data which was collected for another legitimate purpose, subject to applicable data protection rules, including rules concerning the storage of that data.

    [...]

  • Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members

    Article 1

    Subject matter

    This Regulation strengthens the security standards applicable to identity cards issued by Member States to their nationals and to residence documents issued by Member States to Union citizens and their family members when exercising their right to free movement.

  • Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

    [...]

    (73) This Regulation respects fundamental rights and observes the principles recognised in the Charter, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the principle of non-discrimination and the right to an effective remedy and to a fair trial. This Regulation should be applied by the courts and other competent authorities of the Member States in compliance with those rights and principles.

    [...]

  • Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers

    Article 1

    Subject matter and scope

    1. This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of certain number-independent interpersonal communications services (‘providers’) to use, without prejudice to Regulation (EU) 2016/679, specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.

    2. This Regulation does not apply to the scanning of audio communications.

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    Article 1

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    This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

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    Article 1

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    Equality, rights and gender equality strand

    Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:

    (1) promoting equality and preventing and combating inequalities and discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and respecting the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

    [...]

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    (1) The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. This right is also guaranteed under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

    [...]

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    Article 34

    Risk assessment

    1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

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    [...]

    (b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;

8 results found

  • Parliamentary Assembly Resolution 2243 (2018) on Family reunification of refugees and migrants in the Council of Europe member States

    1. The Parliamentary Assembly is deeply concerned about growing political discourse and action against foreigners, which are a real threat to the protection of refugees and in particular their family life. Families must not be torn apart and should not be prevented from reuniting after an often dangerous and challenging departure from their country of origin, where their fundamental rights to safety and security were threatened.

    ...

  • European Convention on Human Rights - Article 8

    Article 8 – Right to respect for private and family life

    1. Everyone has the right to respect for his private and family life, his home and his correspondence.

    2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

  • Convention on the Rights of the Child

    Article 16

    1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

    2. The child has the right to the protection of the law against such interference or attacks.

  • Convention on the Elimination of all Forms of Discrimination Against Women

    Article 16

    1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

    (a) The same right to enter into marriage;

    (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

    (c) The same rights and responsibilities during marriage and at its dissolution;

    (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

    (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

    (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

    (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

    (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

    2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

  • International Covenant on Civil and Political Rights

    Article 17

    1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

    2. Everyone has the right to the protection of the law against such interference or attacks.

  • Convention on the Rights of Persons with Disabilities - Article 22

    Article 22 – Respect for privacy

    1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.

    2. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

  • Global Compact for Safe, Orderly and Regular Migration

    Resolution adopted by the General Assembly on 19 December 2018

  • Human Rights Council Resolution 29/22 (2015) - Protection of the family: contribution of the family to the realization of the right to an adequate standard of living for its members, particularly through its role in poverty eradication and achieving su...

    C. Right to privacy and family life
    ‘34. Article 12 of the Universal Declaration on Human Rights provides that “[n]o one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.” A similar provision is found in Article 17(1) of the International Covenant on Civil and Political Rights and in other United Nations instruments. This right has been interpreted broadly, encompassing inter alia the protection against forced evictions, the demolition of homes or property, the destruction of traditional burial grounds, and the expulsion of foreigners. The right to family life also applies in relation to persons deprived of liberty, who should be allowed to communicate with their families, subject only to reasonable restrictions established by law.
    35. The right to family life is reflected in the general preference for preserving the family unit and non-separation of its members, particularly dependent members. The Convention on the Rights of the Child affirms the right of children not to be separated from their parents against their will, except where “necessary for the best interest of the child,” such as in cases of abuse or neglect (art. 9.1), following a judicial determination to this effect. Children deprived of their family environment should be provided alternative care (art. 20), and, whenever possible, to have contact with their parents (art. 9(3)). According to article 23(4) of the Convention on the Rights of Persons with Disabilities, in no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.
    36. The Convention on the Rights of Migrant Workers and their Families requires States to ensure “the protection of the unity of the families,” including by facilitating the reunification of documented migrants with their spouses and dependent children (art. 44). The Convention on the Rights of the Child urges State Parties to deal with such requests in a “positive, humane and expeditious manner” (art. 10).‘