نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسنده English
The right to privacy, as a fundamental human right, is acknowledged in legal systems and international human rights conventions and documents. The challenge of precisely defining privacy and establishing a substantive framework has led researchers and international bodies to prioritize practical implementation over abstract philosophical theorizing. This study aims to explore whether the right to privacy can be asserted as an independent right specifically for prisoners within the international human rights system, focusing particularly on the jurisprudence of the European Court of Human Rights. The research employs library and documentary methods, including content analysis of relevant texts and documents, alongside a comparative study of the European Court of Human Rights’ jurisprudence. Findings reveal that the right to privacy is regarded as a significant basis, either separately or combined with other fundamental principles, for assessing the legitimacy of executive and supervisory measures in circumstances involving prohibited acts and behaviors, along with respect for human dignity and the prohibition of torture and other cruel, inhuman, or degrading treatment. Contrary to common assumptions, the European Court treats prisoners’ privacy not as a subsidiary issue, but as a primary instrument in strengthening protective mechanisms for human dignity within the European legal system. This approach provides a balanced framework between the legitimate interests of the state in maintaining prison security and protecting the privacy rights of prisoners. In the future, courts are expected to emphasize the need for proportionate intervention in prisoners' privacy and impose stricter oversight and accountability mechanisms on surveillance actions.
کلیدواژهها English