Fundamental rights, freedoms, jurisprudence, Council of State, Constitutional Council, human rights, right to life, freedom to come and go, right to private life
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Abstract
This document outlines the general principles of law derived from jurisprudence, focusing on fundamental rights and freedoms, including the right to life, freedom to come and go, and the right to private and family life.
Extract
[...] The right to form associations was reinstated under the Empire with a prior authorization regime as soon as the association exceeded a certain number of members (20). The IIIème Republic gradually recognizes the freedom of association. The law of March recognizes the freedom of trade union association. General recognition is only made by the law of July This late recognition is explained by the fear of republican governors that this freedom would serve a religious association. Decision Amicale des annamites de Paris 11 July 1956 (Council of State): The Council of State recognizes as PFRLR the freedom of association. [...]
[...] In this case, this opposition holding to the particular situation of the interested party does not always prevail. It will be necessary to strike a balance between the right to protection of the personal data of the person concerned and the legitimate interests that justify the processing of data. The data processing operations aimed at a commercial prospecting purpose are prohibited if the person objects, the company will not be able to collect the data. The processing must always aim at a determined and explicit purpose. [...]
[...] This does not correspond to rights belonging to nature. The corollary would rather be the right of man to live in a balanced and healthy environment (Article 1 Charter of the Environment). II - Legal Persons A. Legal Persons in General Historically, fundamental rights have been designed for the protection of human beings, and this conception dominates natural law. However, the main condition is only to be a legal subject, there are no legal reasons to refuse to natural persons, who are also legal subjects, the possibility of being recognized as having fundamental rights. [...]
[...] Finally, there remains a right that cannot be classified in the previous categories. This right is the right to equality. This is not a freedom, nor a right of claim because it does not allow obtaining from the State a service but rather the right that the State's services are distributed equally. The services can be ? (equality before the public service) but also legal (the norms issued by public power must treat individuals equally). B. The 'fundamental' element It is here that certain doctrinal divergences appear because there are several conceptions of the fundamental notion. [...]
[...] To the extent that this practice falls under an incrimination (assault and battery), criminal proceedings are possible. Lanskey and Others v. United Kingdom February 1997 (ECHR): The ECHR considers that a State can repress this type of practice insofar as they cause serious bodily harm. K.A / A.D v. Belgium February 2005 (ECHR): The ECHR considers that Article 8 implies a principle of prohibition of any incrimination in the field of freely consented sexual practices, even if these practices result in serious bodily harm. [...]
