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Law and Childhood StudiesCurrent Legal Issues Volume 14$
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Michael Freeman

Print publication date: 2012

Print ISBN-13: 9780199652501

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199652501.001.0001

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The Child's Right to Privacy and Article 8 European Convention on Human Rights

The Child's Right to Privacy and Article 8 European Convention on Human Rights

Chapter:
(p.456) 26 The Child's Right to Privacy and Article 8 European Convention on Human Rights
Source:
Law and Childhood Studies
Author(s):

Kirsty Hughes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199652501.003.0026

This chapter looks at the child's right to privacy. It argues that whilst in theory children have a right to privacy under Article 8 European Convention on Human Rights (ECHR), in practice there is an absence of rights-based reasoning in the privacy jurisprudence concerned with children. The chapter considers a number of areas in which the courts have been faced with cases relating to Article 8 ECHR privacy rights of the child. By analysing the manner in which the courts have addressed the right in these cases, it becomes apparent that the only situations in which the courts have given serious consideration to the child's right to privacy are situations in which either a high degree of protection is afforded to that privacy-related interest in the adult context or where the child is vulnerable to a clearly identifiable harm. This is problematic because the right to privacy is not usually, and should not be, contingent upon the individual suffering harm. Moreover, children may require greater and different privacy protection than adults. It is therefore argued that the child's right to privacy is not being adequately analysed or protected.

Keywords:   privacy rights, children's rights, European Convention on Human Rights, rights-based reasoning

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