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personality rights
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Comparison on how the italian civil code and the european law deal with personality rights, in particular referring to the right to life, right to have a name, right to privacy.
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6. Lesson 6Tuesday, 25 January 2022 09:06
PERSONALITY RIGHTS
—> the legal system was created to protect the natural persons’ interest and needs —
inviolable rights ex. Personal freedom, right to life…
Some other rights are not mentioned in any legal text but are universally recognised, f
dignity.
This is strictly connected to the legal texts and the historical sources—> the same right
protected in different ways in different countries
Ex. Italian constitution
Fundamental principles
§ Art. 2 Are about how equality is treated in our system. The Republic doesn
of personality (it doesn't give them), but it recognises it because it already
IIWW everyone believed that the inviolable rights already existed, the stat
them
The Republic recognises that for every right there is a duty. Fundamental t
social life.
§ Art. 3 It makes equality a law, and everyone is equal in front of the law —>
rights. Of course we are not materially equal —> the Republic will remove
of an economic or social nature which constrain the freedom and equality
Social dignity = more similar to equality
It doesn’t list all the inviolable rights, but they are included nevertheless.
§ Art. 32 It’s about the right to health: it’s not defined ad inviolable but fund
includes the right of life)—> in certain cases health can be “restricted” for
—> the matter of balancing these rights: some inviolable rights can be in c
other ex. Freedom and security
Ex. European convention of human rights: it obliges all the states who signed it to resp
protect the rights of the citizens. Each state is sovereign on his territory, but once they
are obliged to respect it and if they don’t the state is considered directly responsible fo
§ Art. 2 Right to life: [it’s not present in the Italian constitution] it prevents t
It includes other requirements connected to the right to life: dignity, bodil
—>the convention uses broad definition at the beginning and then it analy
precisely
§ Art. 6 Right to a fair trial
Many states have problems in recognising all these principles so the purpose of
to protect these citizens and provide for them.
In Italy many of these rights were already recognised, under a different point of
Ex. Italian civil code —> it recognises rights under a different prospective
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