Property:Contents
Jump to navigation
Jump to search
P
According to the Austrian Embassy in Washington, D.C., the ratification of the ECHR by Austria in [[Probable year:: 1958]] gave the treaty constitutional law standing in the state. The ECHR is what protects the right to privacy in Austria.
References:
https://www.austria.org/human-rights-and-the-council-of-europe +
Today, Article 32 of the [[Probable year:: 1995]] constitution protects privacy. It is quite detailed but protects personal privacy, family life, personal information, and correspondence. Article 33 extends privacy rights to the residence (Constitute Project, “Azerbaijan [[Probable year:: 1995]] rev. [[Probable year:: 2016]]” ).
References:
“Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016
Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. +
Articles 25 & 26 of the 1973 Bahrain Constitution protect privacy in the home and all types of communication. Article 25 states: "Places of residence shall be inviolable. They may not be entered or searched without the permission of their occupants except in the circumstances and manner specified by the law." Article 26 states: "Freedom of postal, telegraphic and telephonic communications and the secrecy thereof shall be guaranteed. No communications shall be censored nor the contents thereof revealed except in cases of necessity prescribed by the law and in accordance with the procedures and guarantees stated therein."
References:
“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html +
Article 43 of the 1972 Bangladesh Constitution grants the right to privacy in the home and correspondence: "Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health-
(a) to be secured in his home against entry, search and seizure; and to the privacy of his
correspondence and other means of communication."
References:
http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf +
Article 11(b) of the 1966 Barbados Constitution grants every person in Barbados privacy of their home. Article 20(1) prevents interference in correspondence, and Article 20.2(b) affirmed the State's authority in enforcing laws "protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence...."
References:
https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html#ch1 +
Article 28 of the 1994 Belarus Constitution asserts protection of many elements of private life, including communications and correspondence. Article 29 asserts protection of the status of the home.
References:
1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults
1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e +
Article 11 of the 27 October 1830 Draft Constitution of Belgium articulated a defense of the right to privacy in the home, and Article 27 did the same for privacy of correspondence. Articles 10 and 22 of the 1831 Belgium Constitution guaranteed privacy in the home and correspondence, respectively.
References:
English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults
1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 +
In its only constitution since its independence, Belize protects privacy rights in Article 3(c). It protects family life, personal privacy, one’s home, and their dignity (Constitute Project, “Belize [[Probable year:: 1981]] rev. [[Probable year:: 2011]]” ).
References:
1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html +
Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed the privacy of correspondence, telegraphy, and communication over the telephone, conditioned by respect for public order.
The inviolability of the domicile was guaranteed in Article 10 of the 1964 Constitution of the Republic of Dahomey, and the privacy of correspondence was guaranteed in Article 11 of the 1964 Constitution.
The [[Probable year:: 1990]] constitution protects privacy in the home and of correspondence in Articles 20 and 21, respectively.
References:
1959 Constitution of the Republic of Dahomey: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#
1964 Constitution of the Republic of Dahomey: English translation of the French original text fo the Constitution of 1964 152 (2011) Title II: The Rights and Duties of the Citizen: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbj0002&id=2&men_tab=srchresults
1990 Constitution of the Republic of Benin:
https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf +
In [[Probable year:: 2008]], a new constitution was passed, which protected privacy rights in Article 19. Article 19 reads: "A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person's honour and reputation.”
References:
Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 +
Article 147 of the 1826 Draft Constitution for the Republic of Bolivia protected the inviolability of the home, as did Article 152 of the 6 November 1826 Constitution.
Article 160 of the 1831 Bolivia Constitution protected the privacy of correspondence: "The secrecy of Letters is inviolable; the Employees of the Post Office shall be responsible for the violation of this guarantee, except in such cases as the Laws shall provide." The 1831 Constitution continued to protect the inviolability of the home as well, in Article 152: "Every Bolivian's abode is an inviolable asylum. No forcible entry can be made therein, unless under such circumstances, and in
such a manner, as the Law shall determine."
Today, privacy rights are protected in Article 21(3). These protections are general, while Article 25 protects more specific privacy rights in the home and correspondence (Constitute Project, “Bolivia (Plurinational State of) [[Probable year:: 2009]]” ).
References:
1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults
6 November 1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1
1831 Constitution of Bolivia: English translation of the original text of the Constitution of 1831 836 (2010) Title the Last: Of Guarantees
https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbo0004&id=20&collection=cow&index=
“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 +
In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." Section 14 of the 1910 Constitution of Bosnia and Herzegovina protected the privacy of the home, and Section 15 protected the privacy of correspondence.
Privacy rights have been protected in Bosnia and Herzegovina since [[Probable year:: 1995]] with their independence from Yugoslavia. The [[Probable year:: 1995]] constitution protects these rights in Article 3(f). These protections include private and family life, home, and correspondence (Constitute Project, “Bosnia and Herzegovina [[Probable year:: 1995]] rev. [[Probable year:: 2009]]” ).
References:
1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#
“Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en. +
The [[Probable year:: 1966]] constitution of Botswana includes privacy protections of the home in Article 3(c) and Article 9. Article 12, in protecting freedom of expression, also protects correspondence.
References:
1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana +
In its first constitution, Brazil guaranteed the inviolability of the home in Article 179.7 and of correspondence in Article 179.27.
Today personal privacy, the home, and correspondence are protected in Article 5(X-XII) (Constitute Project, “Brazil [[Probable year:: 1988]] rev. [[Probable year:: 2017]]” ).
References:
1824 Political Constitution of the Empire of Brazil: https://en.wikisource.org/wiki/Constitution_of_the_Empire_of_Brazil
1988 Brazil Constitution: https://constituteproject.org/constitution/Brazil_[[Probable year:: 2017]]? lang=en +
Brunei lacks any legislation or constitutional provisions for privacy rights. The [[Probable year:: 1996]] United States Department of State Report on Brunei Human Rights even says that law actively allows for intrusions of privacy.
References:
1996 United States Department of State Report on Brunei Human Rights: https://1997-2001.state.gov/global/human_rights/1996_hrp_report/brunei.html +
Article 74 of the 1879 Constitution of the Principality of Bulgaria protects the privacy of the home: "No person can be imprisoned, and no house searched, except under the conditions expressed by the laws." Article 77 of the 1879 Constitution protects the privacy of correspondence: "Private letters and telegrams are secret and inviolable. A special law will determine the responsibility of those to whom letters and telegrams are confided." These same rights to privacy with respect to the home and to correspondence were also promised by Articles 85 and 86, respectively, of the 1947 Constitution of the People's Republic of Bulgaria, as well as by Articles 49 and 51 of the 1971 Constitution of the People's Republic of Bulgaria.
The right to privacy, including family life, private life, honor, dignity, and reputation, is protected in Article 32 of the [[Probable year:: 1991]] constitution (Constitute Project, “Bulgaria [[Probable year:: 1991]] rev. [[Probable year:: 2015]]”).
References:
1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XII: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults
1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=
1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults
1991 Constitution of the Republic of Bulgaria: https://constituteproject.org/constitution/Bulgaria_[[Probable year:: 2015]]? lang=en
Article 11 of the 1970 Constitution of Upper Volta proclaimed the inviolability of the home. Section One, Paragraph 4 of the 1977 Constitution of Upper Volta protected the privacy of correspondence.
The [[Probable year:: 1991]] Burkina Faso Constitution protects privacy rights in Article 6. It reads, “The residence, the domicile, private and family life, [and] the secrecy of correspondence of every person, are inviolable. It can only be infringed according to the forms and in the cases specified by the law” (Constitute Project, “Burkina Faso [[Probable year:: 1991]] rev. [[Probable year:: 2015]]” ).
References:
1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults
1977 Constitution of Upper Volta: "Section I: The Liberties," Constitution de la Republique Haute-Volta (1977): 2-3
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0031&id=3&men_tab=srchresults
https://constituteproject.org/constitution/Burkina_Faso_[[Probable year:: 2015]]? lang=en +
In the 1962 Constitution of Burundi, Article 12 provides for privacy of the home: "The domicile shall be inviolable. Search may not take place except in the circumstances and form provided by law." Article 20 concerns the status of privacy of correspondence: "The secrecy of correspondence shall be inviolable. Nevertheless, a law shall institute agents authorized to open suspect letters in the mails."
In the 1998 Burundi Constitution, privacy rights are contained in Article 23 and protect privacy, family, home, and correspondence (Constitution Net, “Constitution of Burundi”). Today, they are contained in Article 28 of the [[Probable year:: 2018]] constitution (Constitute Project, “Burundi [[Probable year:: 2018]]” ).
References:
English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults
https://constitutionnet.org/sites/default/files/transitional_national_constitution_and_transitional_constitution_act_1998-2001_0.pdf
https://constituteproject.org/constitution/Burundi_[[Probable year:: 2018]]? lang=en +
The 1947 Constitution offered privacy rights with reference to the home and to correspondence. Article 11 of that document held that "The domicile is inviolable. No one may get in except in the cases specified by the Law and according to the forms it prescribes." Article 12 concerned correspondence: "The secrecy of letters is inviolable, temporary derogations being explicitly provided for by the Law when the higher interest of the Nation makes it necessary."
The [[Probable year:: 1993]] constitution contains privacy rights in Article 40: “The rights to privacy of residence, and to the confidentiality of correspondence by mail, telegram, fax, telex and telephone, shall be guaranteed” (Office of the Council of the Ministers of Cambodia, “Constitution of the Kingdom of Cambodia”).
References:
1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf
1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 +
Two elements of privacy were asserted in the 1972 Cameroon Constitution. The first concerned the home: "the home is inviolate. No search may be conducted except by virtue of the law". The second concerned correspondence: "the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial power".
References:
1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en +