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Part III Substantive Guarantees, 12 Protection of Private Life

From: The Law of International Human Rights Protection (2nd Edition)

Walter Kälin, Jörg Künzli

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Right to privacy — Right to family

This chapter discusses the right to private life, which is reflected in the International Covenant on Civil and Political Rights as well as in all regional conventions. ‘Private life’ covers a multitude of rights including the right to respect for privacy understood as the right of everyone to personal autonomy, i.e. the right to make autonomous decisions regarding personal matters; for example, one's personal relations, lifestyle, or whether to undergo medical treatment. The right to family, which protects the right to live together within the family, prohibits — albeit not absolutely — authorities, for instance, from forcibly separating children from their parents or spouses from each other. The right to private life is supplemented by the right to marry and to found a family, which precludes the state from prohibiting a man and woman of marriageable age from marrying and founding a family.

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