The Intervention and Protection of the Private Sexual Life in the State-- Use Judgments of European Court of Human Rights as Examples

• Main Authors: Yi-Pei Chen, 陳以蓓
• Other Authors: 林鈺雄
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/18113972685815152008

碩士 === 國立臺灣大學 === 法律學研究所 === 98 === Human right protection is an important issue in the world. Moreover, “Sexual right” is a category of human right. In this dissertation, I’ll discuss how to prove that sexual right is a fundamental Right and how to protect sexual right in law. In this dissertation, the main discussion is about the situation of sexual right in Europe. I’ll take the related cases of Europe Court of Human Right and European Convention on Human Rights Article 8 to analyze and explain, include sexual orientation, sexual identity, and sexual behavior. After I introduce those cases, the legal systems in member States and related social movements, I’ll compare the legal system and social situation in our country, R.O.C, and discuss if the sexual regulation is reasonable in Taiwan. In this dissertation, I’ll illustrate my problem awareness and the conception of legal and social Study in Chapter 1 at first. Second, I’ll research Europe sexual history to understand how Europe Court of Human Right asks member states to follow Convention and fulfill the “positive obligation” in Chapter 2. Then, in Chapter 3, 4,5, I’ll introduce that how Europe Court of Human Right judges the related cases and if the member states violate the human right. Finally, in Chapter 6 I’ll generalize the model of protection obligation about “Sexual right” and compare the development of sexual right in our Constitution. By discussing the sexual orientation, sexual autonomy and sex of order, I hope I can get the conclusion that the Imagine of sexual ordinary is misunderstanding.