Chapter

Privacy and the Family

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print July 2002 | ISBN: 9780198252580
Published online March 2012 | e-ISBN: 9780191681387 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252580.003.0005
Privacy and the Family

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Article 6(1) of the European Convention on Human Rights, while proclaiming the right to a fair and public hearing, allows a number of exceptions. The press and public may be excluded from all or part of a trial when, among other reasons, ‘the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice’. These exceptions delineate, in broad terms, the themes of this chapter. The first theme is the safeguarding of the privacy interests of the parties to litigation. Furthermore, the second theme is the need to ensure that the publicity that attaches to trial proceedings should not act as a deterrent to the vindication of private rights or the administration of criminal justice.

Keywords: European Convention on Human Rights; fair and public hearing; privacy interests; trial proceedings; criminal justice

Chapter.  31646 words. 

Subjects: Criminal Law

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