The Intervention and Protection of the Private Sexual Life in the State-- Use Judgments of European Court of Human Rights as Examples
Date Issued
2010
Date
2010
Author(s)
Chen, Yi-Pei
Abstract
Human right protection is an important issue in the world. Moreover, “Sexual right” is a category of human right. In this dissertation, I’ll discuss how to prove that sexual right is a fundamental Right and how to protect sexual right in law.
In this dissertation, the main discussion is about the situation of sexual right in Europe. I’ll take the related cases of Europe Court of Human Right and European Convention on Human Rights Article 8 to analyze and explain, include sexual orientation, sexual identity, and sexual behavior. After I introduce those cases, the legal systems in member States and related social movements, I’ll compare the legal system and social situation in our country, R.O.C, and discuss if the sexual regulation is reasonable in Taiwan.
In this dissertation, I’ll illustrate my problem awareness and the conception of legal and social Study in Chapter 1 at first. Second, I’ll research Europe sexual history to understand how Europe Court of Human Right asks member states to follow Convention and fulfill the “positive obligation” in Chapter 2. Then, in Chapter 3, 4,5, I’ll introduce that how Europe Court of Human Right judges the related cases and if the member states violate the human right. Finally, in Chapter 6 I’ll generalize the model of protection obligation about “Sexual right” and compare the development of sexual right in our Constitution. By discussing the sexual orientation, sexual autonomy and sex of order, I hope I can get the conclusion that the Imagine of sexual ordinary is misunderstanding.
Subjects
Homosexuality
Tran sexuality
Sexual orientation
Sexual identity
Sexual attitude
Private life
Sexual right
Child sexual abuse
Sadomasochism
Sexual minorities
European Convention on Human Rights Article 8
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-99-R95a21068-1.pdf
Size
23.32 KB
Format
Adobe PDF
Checksum
(MD5):f16640eba8caad1b1409dbaf7037e1d9