PERLINDUNGAN HAK-HAK PRIBADI WARGA EROPA SETELAH ADANYA PUTUSAN STRASBOURG COURT TENTANG HAK ORIENTASI SEKSUAL DAN PRIVASI

Nainggolan, Rabin Daniel (2021) PERLINDUNGAN HAK-HAK PRIBADI WARGA EROPA SETELAH ADANYA PUTUSAN STRASBOURG COURT TENTANG HAK ORIENTASI SEKSUAL DAN PRIVASI. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

Right to respect of private life is important for individuals to live their daily lives without having any fear of intervention from state authority. The complexity of human differences in various fields of life cause certain personal rights such as the right to sexual orientation, gender identity and privacy which are guaranteed in legal instrument to be often discussed. Right to respect of private life that are protected and guaranteed in legal instruments, especially on the European Convention on Human Rights (ECHR) are considered abstract and general and not specific. The problem that arises from this study is how the Strasbourg Court protects certain rights of private life for individuals, groups or people who are considered marginalized and/or against technological developments. The purpose of this study was to determine the protection of European citizens' private life after the Strasbourg Court's several decisions on the right to sexual orientation and privacy. This study uses normative legal research methods that focus on positive legal norms. Based on this research, the Strasbourg Court's decision proves that there is protection of the right to private life specifically, the right of sexual orientation, the right of gender identity and the right of privacy in the decision number. Several Strasbourg Court decisions provide protection and guarantees for the right to private life for certain individuals and groups through the implementation of these decisions in the jurisdiction of member countries of the Council of Europe (CoE) with domestic legal regulations that are in accordance with decisions that guarantee the right to private life.

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