Dissertations / Theses on the topic 'Droit à la vie privée (droit européen)'
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Chauvet, Delphine. "La vie privée : étude de droit privé." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111006.
Full textPrivacy is a jurisprudential notion, recently established by the legislator. Nevertheless, it’s not yet clearly defined. Privacy lies within an utterly variable context. Consequently, its domain and legal system are difficult to determine. However, notions such as intimacy, identity and personality help apprehending the concept of privacy.The evolution of society and the spreading of new technologies have impacts on privacy. Jeopardized, it has to be better protected. French courts and European Court of Human Rights are attempting at this necessity.If privacy is subjected to a right of respect, its dispute isn’t limited to defense. Privacy also contributes to personal development.Yet, right of privacy is relative insofar as it draws antagonist interests, such as general interest and various particular interests.This study contributes to apprehending privacy with regard to the Law
Berset-bircher, Valerie. "Les systèmes d'information et la vie privée du salarié : analyse en droit européen, en droit suisse et en droit français." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA030/document.
Full textAs a result of information and communication technologies, ties of a legal, social economic and organisational nature between employee and employer have changed. Use of technology impacts several areas and dimensions of the working arrangement that are inextricably linked to the employee’s personal status. Using Article 8 EDHR as the leitmotiv and main source of analysis, this thesis reaffirms that employment law and human rights law are intertwined, and that Article 8 EDHR can be applied to relations between worker and employer. Using a comparative approach, the author analyses employees’ rights to privacy under European, French and Swiss law — highlighting their differences and shortcoming in relation to each other. Part one lays the foundation of employees’ rights to privacy with regard to family life, home life, correspondence and data protection. The delicate balance between the interests of the company in safeguarding its security and those of the worker in protecting his or her private life are analysed. Part two deals with the way in which privacy protection can be implemented, looking at the drafting of standards, types of regulation and the application made of the latter by national oversight bodies and by agents inside and outside the company. The research demonstrates that, on the basis of comparative analysis, improved protection of basic rights to employee privacy can legitimately be put in place through a company’s bylaws, preferably through discussions and negotiations with social partners. The goal is to shield employees’ privacy, not only in theory but most importantly in practice
Favre, Didier. "De l'homogénéité européenne dans l'insuffisante protection de la vie privée." Montpellier 1, 1992. http://www.theses.fr/1992MON10012.
Full textLécaille, Delphine. "Secret et confidentialité en droit communautaire." Lille 2, 2002. http://www.theses.fr/2002LIL20018.
Full textLevallois-Barth, Claire. "La protection européenne des données à caractère personnel et de la vie privée dans le contexte des réseaux et services de communications électroniques." Rennes 1, 2003. http://www.theses.fr/2003REN10007.
Full textFor a long time, privacy had to be protected from the threat of the eyes and ears of others eager to intercept and reveal its secrets. Today, informations technologies offer monitoring possibilities which are infinitely more effective. The development of electronic communications has therefore given rise to considerable apprehension because it is susceptible to provide the State, employers and private compagnies with great quantities of information relating to private individuals, thus rendering the natural opacity of an individual's private life transparent and so excluding any possibility of secrecy or freedom in that case. In this context, the European Community wishes to avoid competition distortions within its internal market and to protect the fundamental rights of the individual. That is why Community harmonization has established common principles of personal data protection and privacy. However, the dual aim is proving difficult to attain, both in its formulation and in its implementation. Consequently, news forms of regulation are required. These new and very diverse forms materialize mainly through the intervention of the data protection authorities, the specific regulation of the electronic communications sector, self-regulation, co-regulation and technological regulation. What is also at stake is the place of the European Community on the international scene. In this respect, some specific formulas have been developed in order to reach an "adequate level of protection". This does not exclude the use of more traditional instruments such as the external agreements concluded by the Community with third party contries, or negotiations within the WTO
Blanc-Gonnet, Jonason Patricia. "Protection de la vie privée et transparence à l'épreuve de l'informatique : droit français, droit suédois et directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995." Paris 12, 2001. http://www.theses.fr/2001PA122001.
Full textPetit, Carole. "Les couples non mariés et le droit des étrangers." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_petit_c.pdf.
Full text« Unmarried couples » and the « law of foreigners » are expressions referring to sensitive areas of the law marked by a strong international dimension. They are constantly evolving and subject to the influence of the European Court of Human Rights and EU Law. How, in this context, does the law of foreigners deal with unmarried couples? The first part of the study which analyses how the law of foreigners applies to different forms of life as part of a couple, shows that the treatment of the couple under the law of foreigners is a lot more traditional than under other branches of the law, with a difference of treatment between married couples and unmarried couples. The ability to rely on the legal principle of a right to a private life and a right to family life lessens that difference, but the difference remains. It appears desirable to reduce this difference and to make the "PACS" produce the same effect as marriage, increasing the requirements for partners to live under the same roof. The second part of the study which analyses the treatment of homosexual couples under the law of foreigners reveals a difference of treatment between heterosexual couples and same sex couples. If it is not certain that the difference is, for now, considered as discrimination, interrogations and recent evolutions in national and european law highlight the necessity to align, under certain conditions to verify the stability of the relationship, the "PACS" on marriage in the Code for the entry and residence of foreigners and under asylum law
Perraki, Panagiota. "La protection de la vie personnelle du salarié en droit comparé et européen : étude comparative des droits français, hellénique, britannique et européen." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00997155.
Full textDebaets, Émilie. "Le droit à la protection des données personnelles : recherche sur un droit fondamental." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010326.
Full textThe digital revolution is ambivalent. On the one hand, it empowers the State to strengthen its ability to fulfil its responsibilities and the individuals to exercise some of their rights, yet on the other hand, it enables the capturing and storing of an increasing part of day to day personal life. In order to address the increased surveillance of individuals, proposals are regularly put forward to incorporate, at the very highest judicial level, a human right to personal data protection, as the existence of such a right would improve the protection afforded to individuals. This thesis undertakes a descriptive, explanatory and evaluative analysis of the human right to personal data protection. In order to examine the making of such a right by the French constitutional court, the European Court of Human Rights and the Court of Justice of the European Union, this study sets out first to reveal its foundations. The right to data protection is then clearly identified and distinguished from other human rights such as the right to privacy. In order to measure the extent of such a right, the study then focusses on analysing the restrictions to which it may be subject when in conflict with other equally protected individual rights or with collective constraints of general interest. The enhancement of the protection afforded to the individual is therefore not as straightforward as it may initially seem. Such enhancement could however arise from the restructuring of the normative process which this human right to data protection implies
Favero, Luca. "La dimension externe de la protection des données à caractère personnel dans le droit de l'Union européenne." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA012.
Full textThis doctoral thesis deals with the external dimension of the protection of personal data, thus of the mechanisms by which the law of the European Union ensures an adequate level of protection to the personal data that are transferred to third countries. Under this perspective, the aim of the thesis is to underline the achievements of what amounts to a “legislative foreign policy” of the European Union aimed at the protection of personal data as a fundamental right of the individuals
Ducroquetz, Anne-Lise. "L'expulsion des étrangers en droit international et européen." Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00196312.
Full textLe phénomène de l'expulsion est, par définition, transnational et pousse à une coopération accrue des Etats. Dès lors, la mise en place d'un corpus minimal de droits, assorti des garanties procédurales permettant d'en assurer l'effectivité, est une nécessité d'autant plus pressante. Les organes internationaux de contrôle, à l'instar de la Cour européenne des droits de l'Homme, cherchent ainsi à interpréter favorablement les conventions applicables à cette matière afin de répondre à ce besoin.
Un dépassement de cette approche initiale, attachée au concept de nationalité, semble toutefois aujourd'hui nécessaire. A cet égard, l'Union européenne pourrait constituer un cadre juridique idéal pour la création d'un statut de “quasi-national” et l'autonomisation de la notion de citoyenneté européenne.
Pfeiff, Silvia. "La portabilité du statut personnel dans l'espace européen: De l’émergence d’un droit fondamental à l’élaboration d’une méthode de la reconnaissance." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/229680.
Full textDoctorat en Sciences juridiques
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Saunier, Camille, and Camille Saunier. "La protection des données personnelles des utilisateurs d'enceintes connectées «intelligentes» par le Règlement européen no 2016/679, le droit canadien et le droit québécois : approche comparatiste." Master's thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/38291.
Full textLe présent travail de recherche porte sur la protection des renseignements personnels des utilisateurs d’enceintes connectées « intelligentes ». Au regard de cet objet connecté particulier, l’étude se penchera sur la manière dont la protection des données personnelles est envisagée par le Règlement européen n°2016/679 (RGPD), la Loi sur la protection des renseignements personnels et les documents électroniques (LPRPDE) et la Loi québécoise sur la protection des renseignements personnels dans le secteur privé (LPRPSP) tout au long du cycle de vie de la donnée. Ces différentes législations divergent tant sur leurs dates d’adoption que sur leurs systèmes juridiques. Pourtant, les rapports de faits qui les animent en font une des objets de comparaison particulièrement intéressants. Il ressort de cette étude que l’enceinte connectée « intelligente » met en évidence les insuffisances des législations étudiées vis-à-vis du rapport au temps, de la masse de données collectées mais aussi de l’opacité de la machine.
Perbal, Bernard. "Les données personnelles et la propriété du soi." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0024.
Full textThe dazzling growth of biological sciences, whose societal impacts might not have been well enough anticipated by the international law, has created conceptual conflicts that should be apprehended in constructive debates, respectful of the richness of individual differences, so as to avoid any ideological compartmentalization, which will be of no benefit to Humanity. The analysis of the roots of the concept of personal data and of the evolution of its acceptance, sends back to the very long and difficult journey from the very first European founding texts to the consecration of the right to privacy rooted in the obstinacy of its two defenders SW and LB whose seminal works have impacted international law as a whole. Personal information identified as data, has become coveted resources by the worlds of economy, electronic business, biomedicine and criminology. The dematerialization of individual characteristics brought with it an immense wave of issues and conflicts in relation with procedures of collection, processing, circulation and confidentiality of this type of data, especially when it dealt with sensitive identifiers such as genetic data. Technically unattainable until now, the secrets of life and heredity are currently being offered to the general public, who often finds itself powerless when facing companies willing to exploit the richness of their intimate self. The newly revealed potentialities of human genetic engineering, has put forth the weakness and inefficiencies of outdated legal and normative texts which, because of their inadequacy to societal evolution, lead to rigid divisions of principles before genetic technologies who aspire to take advantage of the understanding of genomes in order to improve the well being of people. It is necessary, today, to remove any passionate feeling to temper emotional debates by redefining, as soon as possible, the legal status of genetic data and the information that their exploitation can deliver
Mornet, Alice. "Les fichiers pénaux de l'Union européenne : Contribution à l'étude de la protection des données à caractère personnel." Electronic Thesis or Diss., Toulouse 1, 2020. http://www.theses.fr/2020TOU10038.
Full textFor more than a century, States have been setting up files to collect information on criminals. By constituting an essential tool in the service of the power to punish, these instruments have long remained deeply attached to State sovereignty. However, the European Union is gradually building and developing its own criminal jurisdiction. In this context, the files occupy a central place and see their nature evolve. Indeed, promoting the collection and sharing of their contents, the Union is also setting up information systems that ensure an unprecedented exchange. In addition, its agencies play a key role in this area and are gradually moving beyond mere transmission channels to analyze information and define real criminal policy objectives. Ambitious, this cooperation must nevertheless remain under control. As such, the right to protection of personal data is becoming more assertive and is not ignored by the European Union. But if files have a value, it is that they contain personal data, which must be protected. However, each Member State and each file set up by the Union seems to follow its own regime. With this diversity in mind, the EU is now trying to harmonize all of these measures in a new directive on the protection of data processed for criminal purposes. Nevertheless, the study of this instrument quickly demonstrates its weaknesses, both in terms of the rules’ harmonization and their level of requirement, whilst data continues to circulate. On analysis, the inadequacies of the directive are due to a misidentification of its subject matter: the criminal records of the European Union. It will therefore be necessary to delimit the field covered by these instruments before proposing a satisfactory framework based more on the rules and principles of their natural domain: criminal procedure. This thesis reveals the strength of the Union's criminal law construction and raising questions about the emergence of a genuine European criminal policy
Toulieux, Fabrice. "Le droit au respect de la vie familiale des étrangers et l'article 8 de la convention européenne des droits de l'homme." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_toulieux_f.pdf.
Full textIn its initial version, the Convention for the protection of Human rights and fundamental freedoms doesn’t guarantee foreigners either a right of entry and residence on the territory of a Member State or a protection against an expulsion measure. However, since decisions concerning aliens police may infringe the right to respect for family life that the article 8 of the Convention protects, both european and french case-law admit that litigation on aliens police enters the scope of this article. To benefit from this protection, the foreigner must prove that the measure in question, taken by public authorities, constitutes an interference with his family life. Invasions of family life are accepted only if, in accordance with the law and seeking a rightful purpose aimed at in the second section of the article 8, they are necessary in a democratic society. Otherwise, public authorities have to make up for the disproportionate infringement, adopting the more suitable measure to realise or maintain the family unity on the french territory. Regardless of national law, which enables foreigners to enjoy a right of entry and residence in France or a protection against an epulsion measure, interested parties can obtain recognition of such rights on the basis of the article 8 of the European Convention. Foreigners can therefore equally put forward national law or Europena Huma, rights law
Penard, Vincent. "La presse et la Cour européenne des droits de l'homme." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32061.
Full textThe European Court of human rights descended from the European convention finds another sphere of application as regards to the press. Indeed, the Strasbourg Court has come to take out of the existing conventionnal principles, a real law of the press. Therefore, the European judge has built a jurisprudential edifice based on the freedom of expression as set in article 10, and by the means of the different laws of the press applied in the members states. Some important concepts were then defines, such as the right to information, the freedom to inform, as well as private life and diffamation. Without identifying a real European law of the press, this study is aimed to search for a corpus of texts legislating the press, in those countries are part of the European Council
Chouchane, Oubaïda. "Advances in Privacy Preservation and Fairness Assessment for Voice Biometrics." Electronic Thesis or Diss., Sorbonne université, 2024. http://www.theses.fr/2024SORUS132.
Full textThis thesis explores the importance of strengthening compliance with regulatory frameworks like the European General Data Protection Regulation (GDPR) in relation to data privacy and fairness in the field of voice biometrics focusing specifically on Automatic Speaker Verification (ASV). Through the use of cryptographic techniques, data perturbation methods and disentangled representation learning techniques our research aims to protect individuals privacy by effectively safeguarding sensitive attributes. Additionally our study assesses the fairness of ASV systems to identify potential disparities in outcomes. This assessment lays a foundation for developing systems that not only prioritize fairness but also adhere to regulatory requirements promoting a balanced approach to privacy and fairness, in voice biometrics technology
Scollo, Martine. "Le droit au développement personnel au sens de la Convention européenne des droits de l'homme." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10054.
Full textThe right to personal development was established, a little more than a decade ago, by the European Court of Human Rights in the area of the right to respect for private life, as an extension of the recognition of a protection of the existence of the individual within the social sphere. It will begin and continue to develop through a dynamic and evolving jurisprudence dealing with issues related to transformations and upheavals that drive social environments in which the European Convention is intended to apply. It is formally unfolding exclusively in the jurisprudence on the right to respect for private life, alongside notions with which it maintains a consubstantial relationship. These notions seem to operate as a unit, nested in a formulation underlying a common goal that, in terms of cases in which the European Court uses them, seems to relate to the respect, preservation and even the development of the quality of life and well-being of the individual. However, this relationship is not constant and varies in the reasoning of the European Court, according to the cases submitted for its consideration. The right to personal development thus appears to be a complex notion, with two distinct facets, though not necessarily a priori irreconcilable. It is indeed characterized by specific legal translations and also seems to be a concept assuming a more general function of a more abstract nature. Due specifically to its general character, it seems, to a certain extent, to resonate in the jurisprudence of other provisions of the text of the Convention. From this perspective, it seems likely to contribute to the development and coherence of the European system for the protection of human rights, sometimes concretely, sometimes less tangibly yet, in both cases, particularly comprehending the spirit of the Convention text
Maifada, Magoudani Mahamadou. "Construire et mettre en œuvre un droit des données personnelles dans l’espace UEMOA : étude comparée à partir des cas du Burkina Faso, de la Côte d’Ivoire, du Niger et du Sénégal à la lumière du droit français et européen." Electronic Thesis or Diss., Paris 12, 2023. http://www.theses.fr/2023PA120073.
Full textThis thesis provides an in-depth analysis of the legal framework surrounding the protection of personal data within the West African Economic and Monetary Union (WAEMU), specifically focusing on Burkina Faso, Côte d'Ivoire, Niger, and Senegal – the areas under study. It delves into the motivations that led these states to adopt specific legislations influenced by foreign models, notably the French model of the "Loi Informatique et Libertés," rather than relying on national or community references.This analysis explores the development process of these regulations, from legislative evolution to international institutions' initiatives. Special attention is given to the influence of the International Organization of La Francophonie (IOF) and the French Commission for Data Protection (Commission de l'Informatique et des Libertés) in promoting the initial national legislations within this region.Furthermore, the thesis conducts a detailed comparison between the existing regulations within WAEMU and the European Union's General Data Protection Regulation (GDPR). This comparison highlights significant similarities and differences, particularly concerning the scope of application, stakeholders' responsibilities, and the rights of the individuals concerned.Moreover, the study examines the practical implementation of these regulations, focusing on key actors, including regulatory authorities, data controllers, Civil Society Organizations (CSOs), and data subjects in each state. It analyzes the challenges faced by regulatory authorities and cooperation policies aimed at enhancing the effectiveness of personal data rights.Finally, the thesis explores the limitations of personal data rights, particularly in their interaction with public policies in the telecommunications sector and the issues related to cybercrime.Overall, this work offers a comprehensive and nuanced perspective on personal data rights within WAEMU, shedding light on the motivations, achievements, challenges, and prospects in the ever-evolving African legal context. It constitutes a significant contribution to the understanding of personal data protection in the African legal context
Azou, Goyema Quentin. "Données génétiques et médicales : identification et discrimination : approche comparative entre l'Europe et l'Afrique subsaharienne." Dijon, 2009. http://www.theses.fr/2009DIJOD003.
Full textHuman genetic data, because of its scientific and judicial polyphormism, is a case for new legislation. Although it is usually presented as medical data, its specific aspect should be taken into consideration, since it concerns the innermost part of the individual. The knowledge of this data is essential to medical progress, namely the treatment and prevention of some family disorders. Its specificity requires the creation of adequate judicial standards. On account of its intrinsic ambivalence, genetic and medical data cannot be used as personal data because, as a means of personal identification, it ceases to be so as soon as it loses its power to stigmatize. Collecting and circulating genetic and medical data will be a major challenge in the years to come. The rule of law allowing the use of this data should ensure the confidentiality necessary to the protection of people's private lives. Trying to draw the line between the private part and the universal one raises some crucial issues such as public interest versus private one, universality versus individuality. Whatever the terms we use, this distinction has played a major part throughout various studies and debates. Comparison with the European approach and the African one shows the dilemma between the protection and the disclosure of medical and genetic data. It reveals the diversity of ethics and legal technical; it explains the different socio-cultural customs. Our aim is to go towards audience the written contributions and also the numerous discussions further. This work is subdivided in two parts: genetic data and identification on Human Being (I); genetic data and discrimination risks (II)
Tourkochoriti, Ioanna. "La liberté d'expression et la protection de la dignité humaine et de la vie privée dans l'ordre juridique français et l'ordre juridique des États-Unis : une étude de deux précompréhensions constitutionnelles différentes." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0081.
Full textThis dissertation aims at proposing an interpretation concerning the divergence of the legal status of freedom of expression in relation to the protection of human dignity and privacy in the United States and in Europe. The question concerns in our opinion the fore-understanding of liberty in continental Europe and in the United States, as well as the role of the state to define the content and the limits of liberty. It is this understanding inspired by a different conception of political philosophy which is reflected in the legal appreciation of the two legal orders this difference has its origins in the revolutionary movements, which posed me foundation of the two democracies. This conception was also inevitably influenced by the political problems of the same time as well as by the weight of the intellectual ideas, which preceded the two movements. Their evolution in the course of time brought nuances to the political ideas of the foundation which are equally useful to our understanding. France is an exemplary case for continental Europe since the principal ideas underlying the French revolution concerning the understanding of liberty and the role of the state influenced considerably the conception of democracy in the other European states
De, Saint Denis Delphine. "Informations et données personnelles dans le cadre de l'exécution des titres exécutoires." Electronic Thesis or Diss., Toulon, 2020. http://www.theses.fr/2020TOUL0134.
Full textThe effectiveness of enforceable titles requires transparency of personal and heritage information, allowing it to proceed with enforced execution. This information is multiple but subject to the general regulation of personal data protection. Therefore all information about people and their assets is neither obtainable nor usable in any circumstances. The information transparency must consequently be proportionate to the implemented title both in obtaining it and in its subsequent operation. Once acquired the information must be protected from any harm. This protection extends from the moment the information was obtained to the end of its use and to its effective destruction following its legal archiving state.Between transparency and opacity, personal and patrimony information must be easily accessible to the Enforcement Officer while being beyond any reach of any third predation parties. The Judicial Officer must be both the guarantor of the parties’ interests competing and maintaining the information translucently at the service of the enforceable titles effectiveness and therefore of good justice
Bach, Natacha Martine Anne. "La liberté d'expression journalistique selon la jurisprudence de la Cour européenne des droits de l'homme." Montpellier 1, 2007. http://www.theses.fr/2007MON10035.
Full textBazzocchi, Valentina. "I diritti fondamentali nello spazio di libertà, sicurezza e giustizia dell'Unione Europea." Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30007.
Full textThe Area of freedom, security and justice has increasingly become one of the fundamental objectives of the European Union. This is often analysed for the benefits that it will guarantee to the European citizens as well as to all the individuals within its territory. However, this Area has a “dark side”, namely the limits that for its own nature it might entail to individual rights. This research aims at assessing whether the acts adopted in this Area guarantee a balance between the need of security and the need of protection of individual rights. References that have been used are the ECHR, the Charter of fundamental rights of the eu and the case law of the European Court and the Court of Justice. From an analysis of the legislation that has implications on data protection; a trend has emerged to consider the security aspect as a priority. From an analysis of the legislation on the procedural rights, a trend has emerged to develop the repressive aspect of criminal law. The absence of a complete system of judicial remedies in the third pillar is limit that the national judges and the European court can only partially overcome. A treaty’s reform is therefore necessary, also in order to limit interpillar conflicts. Only a parallel development of the needs of security and of protection of individual rights can ensure the achievement of a real Area of freedom, security and justice of EU
Brenac, Marin. "La souveraineté numérique sur les données personnelles : étude du règlement européen no 2016/679 sur la protection des données personnelles à l'aune du concept émergent de souveraineté numérique." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28306.
Full textFragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Electronic Thesis or Diss., Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Fragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Millard, Eric. "Famille et droit publicRecherches sur la construction d'un objet juridique." Phd thesis, Université Jean Moulin - Lyon III, 1994. http://tel.archives-ouvertes.fr/tel-00012086.
Full textKameni, Guy Marcel. "La vie privée en droit camerounais." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10004/document.
Full textPrivacy, cryptic and contingent concept, has no legal definition in Cameroonian law like in the Western legislations such as France. This lightness of the legislator causes serious problems making privacy, an indeterminate legal object supporting the need for the determination of its legal value. Privacy is a legal object indeterminate because any definition effort is delicate and several notions seem to be part of its content and those who really hold. Privacy looks like a prerogative ofpersons. Only, the evolution of Information and Communication technology in general and social networking in particular, reveal everything related to the privacy of users sometimes with the consent of the latter who have not mastered the ins and outs of the mass media. In addition, looking for the manifestation of the truth, the right to information and communication to the public may justify violations of privacy. It is also difficult today to lead a discreet life as well for public figures, as for anonymous people. Privacy must be legally determinated. A gap between private life and public life seems more and more narrow, thus imposing a determination of the field of privacy as well as its regime. It is essential to identify the contours of privacy is based on elements such as family, health, and labour.Given its fundamental nature, the protection of privacy must be both on the internal and international plan, by the effectiveness of existing rules and development of specific texts. Similarly, the role of actors in justice is undeniable as in any other cases
Bernes, Bénédicte. "La vie privée du mineur." Toulouse 1, 2006. http://www.theses.fr/2006TOU10035.
Full textThe last decades have seen minors getting even more self sufficient and more individualized within the society, but also within the family context. By the way, the Internatinal Convention on the rights of the Child has settled the basis of a right of the respect of the private life of minors. But, considering its vulnerability, minors cannot benefit from those dispositions. Indeed, subjected to the parental authority, children can benefit from a limited autonomy. Children private life seems to be compound to shrink away. Thus, the incapacity of children is justified by its need of protection related to their own interests. But, the International convention on children rights recommends a stronger power for children in terms of booth protection and autonomy. Since the interest of children is not limited to their protection, but it is extended to their personal blooming, children incapacity can be regarded to be inconsistent. Personally speaking, teenagers do not need parental authority. A sufficient protection could be granted to minors ; outside the parental responsability meanwhile children could use their individual freedom in compliance with their given rights. Thus, advocating the children individual rights seems accurate encompassing their parents. Hence, it would be appropriate to propose the adolescent minor's recognition a right to the respect of its personal life on condition that its own interest is keep safe. He could exercise this right thanks to a special capacity and oppose it even its parents
Morgenroth, Thomas. "La vie privée en droit du travail." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20016/document.
Full textBecause of its relativity, the concept of privacy is a difficult notion to define. French legislation defines it in different ways both between public institutions and citizens as well as among individuals. Moreover, the right to privacy presents an ambivalence as it gives an individual both a freedom of choice and a right of control. Therefore, privacy challenges employment laws which cannot deal satisfactorily with it as work relation has the specificity to create a link of subordination between private individuals. Yet, many of these dispositions contribute to protecting privacy. Though, in its civil law conception, there is some difficulty in resorting to privacy when it focuses on the secret of privacy.Paradoxically, the cases related to this subjective law and employees' privacy secret protection are far and few between. This freedom of privacy tends to ensure employees' protection in their privacy. Nevertheless, this freedom also applies in professional life and consequently appears as an essential instrument of the employee's protection in the workplace. Thus, the right for the employee's privacy to be respected inevitably tends to broaden its scope to the protection of freedom of privacy
Méchin, Elodie. "Le droit patrimonial à la vie privée." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30070.
Full textIn addition to the generally accepted non-patrimonial dimension or privacy, attributes have a patrimonial dimension. The right to privacy is now deemed to constitute intangible property largely exploited by its holder. Moreover, this commercial exploitation has opened the way for the existence of a second right pertaining to privacy, a right of a patrimonial nature which supplements non-patrimonial rights. However, this right is not upheld by case law, despite the fact that the courts are developing patrimonial personality rights under French law. Yet it is essential for positive law to protect privacy through a new regime which takes account of its dual nature. The copyright regime could very well be applied to privacy. As well as being closely linked to personality, privacy has a form which is perceptible to the senses. It is a creation of the individual himself. Everyone shapes his private life as he sees fit and makes it an original work. Thus, the monopoly of the author over his work appears to be a potential "patrimonial right to privacy."
Lolies, Isabelle. "La protection pénale de la vie privée." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32060.
Full textKattan, Imad. "Vie privée et informatique : étude comparative de droit français et droit anglais." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30018.
Full textIn France, a right of privacy was introduced into the french civil code by the law of 17 july 1970 (a new article 9), which declared that "everyone has the right to trespect for his priv ate life". In England, there is no legal right to privacy as such in the law of England. The protection of privacy is ensured by several cases like (trespass, nuisance, breach of confidence. . . ). The situation of the protection of privacy with regard the computer is different. There is, in France and England, law of data protection with regard to the automatic processing of personal data
Doumeng, Valérie. "La vie privée du majeur malade mental ou déficient intellectuel." Toulouse 1, 1998. http://www.theses.fr/1998TOU10034.
Full textThe private life of an adult suffering from a mental illness or a mental retardation has a number of distinctive features vis-a-vis the private life of a person who can be considered in full mental health. The difference stems firstly from the need, in certain cases, for an individual whose mental faculties are impaired, to be placed in a psychiatric hospital or to live in a social or medico-social institution. His freedom to come and go and to freely plan his every day life is thus partially or even totally restricted. What is more, outsiders may be led to interfere in some aspects of the private life of the mentally impaired such as emotional life, reproductive freedom and health. This state of facts poses some delicate problems. With regard to the mentally ill or handicapped that retain legal capacity, outsiders, apart form certain specific cases, have no power and their interference may be considered improper. When they are classified in one of the categories of legally incapable persons, the law turns out to be deficient. However, the courts who are confronted with numerous practical problems have recognised that the legal representatives have a role in the protection of the incapable adult. However, we must ask ourselves if it is possible to "manage" the private life of an incapable person in the same way in which one manages a person's pecuniary affairs, using the same techniques and with the same coldness
Nadeau, Alain-Robert. "Vie privée et droits fondamentaux : étude de la protection de la vie privée en droit constitutionnel canadien et américain et en droit international." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ57059.pdf.
Full textCrosnier, Sébastien. "Le droit à la vie privée à l'épreuve de l'internet." Paris 11, 2000. http://www.theses.fr/2000PA111022.
Full textDirrenberger, Géraldine. "Employeur, salarié et vie privée." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10032.
Full textThe border between private and professional life can be confusing. The notion of private life differs from the importance each individual allows it, it follows as well the evolution of the society. Inside the working relationship, distinguished among the subordination connection, which priority should we assign it ? If there is agreement that in the working place a remaining private sphere truly exists, how can we efficiently unite it with the productivity requirements of the working environment ? Despite a strong protection of the employee's private life, the professional sphere stepping into the private one is an additional risk to see this idea to lose its meaning. The goal of our study is to point out the changes that occurred at work especially with the use of new technologies and the difficulties experienced due to the requirements to respect the employee's personal freedom. In this context we are considering some solutions to have those two spheres working together despite the balance requirement that must oversee the working relationship
Pontillo, François. "Le secret et le droit." Montpellier 1, 2002. http://www.theses.fr/2002MON10028.
Full textMathieu, Chantal. "La vie personnelle du salarié." Lyon 2, 2004. http://theses.univ-lyon2.fr/documents/lyon2/2004/mathieu_c.
Full textWithin French law, there is no text that concedes to a subordinate worker a "right to the respect of his personal life". Nonetheless, the law does not ignore this aspect of the employee life and this thesis intends to show how it is legally protected. First of all, a wall is drawn up between personal life and professional life in order to protect the former from the key players of working relationships. This separation aims to prevent his personal choices from interfering with his professional life. Accordingly, one can highlight a requirement to dissociate personal life from working relationships, and specific warranties can be attached to this requirement. Moreover, some doors can be opened between the employee's personal world and his professional world in order to facilitate a conciliation between these two dimensions of the employee life. The intention is therefore to provide the means to face his personal constraints or to invest in a personal project without sacrificing his professional life. Nonetheless, this opportunity to take into consideration the personal situation of an employee is limited to certain aspects of his life and in particular the ones attached to his family life. This consideration on its own is also limited as it can conflict with other interests, most notably the company's interests. Combining logic of separation and logic of conciliation implies that the latter prevails on the respect of the former. At last, it belongs to the employee, and only to him, to open the doors that separate his personal life from his professional life
La, Burgade Denis de. "La vie privée des hommes politiques." Paris 1, 2000. http://www.theses.fr/2000PA010335.
Full textSaint-Pau, Jean-Christophe. "L'anonymat et le droit." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40005.
Full textBrochard, Laurent. "Le rire en droit privé." Poitiers, 2006. http://www.theses.fr/2006POIT3004.
Full textLaughter is a form of social communication which is to entertain or to criticise, to consolidate rules or to dispute them. Thus, one could wonder wheter the private law community's perception of such a complex form of expression is appropriate : consideringe the French tradition for satire, can parody be an acceptable abuse ? Should not one prefer another approach to the right to laugh ? One that would highlight the tight connections that exist in parody between the freedom of expression and the art of criticism. One that would allow these fundamental freedoms to be opposed to the patrimonial and extra-patrimonial rights of its victims. The recognition of a right to laugh does not imply that the parodist's freedom is absolute. Intrinsic and extrinsic limits provide a frame to the parody creation process, thereby limiting the audience's freedom to laugh. Nevertheless, to ensure the pluralism of ideas and opinions necessary to the correct operation of the democracy, the greatest attention should be given to the implementation of any limits in this area
Jammet, Adrien. "La prise en compte de la vie privée dans l’innovation technologique." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D003/document.
Full textThe study of privacy within technological innovations is the study of the legal system surrounding personal data. However, the complexity and context of the subject imposes a pragmatic analysis, gathering elements of economy and technology, to define the reality of the use of the law by and within numerical innovations. As such, it necessitates a phenomenological approach, reviewing the historical steps that lead to the particular set of protections that the legislator has chosen, from a general protection of privacy towards a special regime applicable to personal data, and then an observation of its effectiveness to protect the essence of privacy. At the center of this work, we can find the will to understandthe gap between the trust given by the public to technology regarding the respect of one’s privacy and the declarations of legislators on the efficiency of the legislative response. Since the consent is the core principle of these regulations, this divergence deserves a legal analysis. Consequently, we can sum this thesis by a simple question: what it the real efficiency of privacy’s protection regime facing technological innovations ?
Lacombe, Myriam. "Loft story : perversion du droit à l'image et à la vie privée ?" Paris 8, 2005. http://www.theses.fr/2005PA082573.
Full textAbravanel-Jolly, Sabine. "La protection du secret en droit des personnes et de la famille." Lyon 3, 1999. http://www.theses.fr/1999LYO33026.
Full textPillot, Guillaume. "Anonymat et vie privée sur internet." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/32469.
Full textSince the beginning of this century, the explosion of the internet has had an important social and economic impact. Today, the number of internet users has approached four billion and it has become a part of our daily lives. More and more information circulates on the internet and since Edward Snowden's global surveillance disclosure in 2013, the public is now aware about the necessity to protect their private lives. In a rst time, this thesis introduces anonymity and privacy general concepts'. Then, the following popular anonymous networks are studied: JAP, Mixmaster, TOR and I2P. We will see that the best protection for these network is their size. [1] has elaborates a payment system for remunerates the TOR relays in order to encourage Internet users to participate in the anonymous network. We will see how adapt this system on the I2P anonymous network.
Chen, Zihan. "Etude sur le droit à l'information génétique." Thesis, Toulouse 3, 2015. http://www.theses.fr/2015TOU30183.
Full textGenetic information has brought about profound social reform as one of the most important information resources in modern society. The protection of genetic information has concerned benefits of different entities including individuals, families, economic institutions and countries in multiple dimensions, such as private life, market and national strategy. In most of the prior research in this field, genetic information was confused with gene, as the material carrier, tissue samples and other type of personal information, neglecting the particularity of genetic information, or mere questioning of ethics and principles. But it is not enough to resolve the social problems and disputes in the case. This article establishing the vision of rights standard, along the research approach of "fact-theory-system", answers the questions: why protecting genetic information and why taking it as a right (Introduction). The article discusses the object of rights to genetic information(Chapter One), the subject of rights to genetic information(Chapter Two), the attributes of rights to genetic information(Chapter Three), developing the protection principles of rights to genetic information(Chapter Four). Finally, based on the above discussion, the author summarizes and reaffirms that the rights to genetic information is pointing to a new-type right by exploring the practice of protecting genetic information rights. In particular: In the first chapter, the author explores the genetic information, as the right object, in technological transformation. First of all, the paper defines the genetic information which differs from gene with the attributes of information and it must be acquired by Nucleic acid analysis and other scientific analysis. Second, the paper focusing on the social changes brought by genetic information, the author mainly explores the deep implications from technology to thinking-genetic information has been applied into DNA recombination technology, Human Genome Project and bio-pharmaceutical industries bring about great influence to our life through criminal justice and paternity test. Along with the technological innovation and thinking changes, new interests and disputes happened together. At last, the author explains the particularities of genetic information in technological transformation from the objective and subjective aspects
Juncu-Moraru, Corina. "Le droit au respect du secret de la personne, droit fondamental ?" Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32025.
Full textIs there a right to secrecy and, if so, should this right be classified as a fundamental right? Indeed, should one not notice, beyond the protection of privacy, the gradually emerging elements of a fundamental right, inseparable from the very notion of natural person, an area representing the secrecy of a human person without which his/her unique individual consciousness, as well as his/her opinions and choices could not express themselves in action? In addition to the transparency requirements, designated in recent decades as the foundation of democratic societies, the urgent need to abide by a secrecy domain proper to the human person becomes more imposing each day, obligation most often accompanied by legal sanctions and gradually developing into a right. This necessary secrecy, a counterpart of the freedom of expression, ultimately acts as another guarantor of a pluralist democracy. The explosion of technical means of investigation requires rethinking the relationship already established between secrecy and information. The individual must be protected against indiscreet and unjustified intrusions in the substance of his person by a right to secrecy, essential to his/her self-determination. Only the right to secrecy provides him/her with the legal background enabling him/her to determine his/her own profound values and build his/her own identity. The place secrecy occupies in each individual’s life and in society as a whole, leads one to wonder about the meaning of this concept, the legal nature of the right to secrecy, and the modalities of his/her protection under the positive law. The first part of this thesis seeks therefore to bring to light the protection of the secrecy by constitutional and European judges, as well as its characteristics as a fundamental right. The second part of this study is devoted to the analysis and synthesis of all normative acts that ensure the preservation of various aspects of the right to secrecy. These texts, often criminally sanctioned, are common in French law, though, with no one actually attempting to fully comprehend them so far. Their scope confirms that, while a fundamental right, the right to secrecy can never be absolute