BALANCIMI I SË DREJTËS PËR RESPEKTIMIN E JETËS PRIVATE DHE FAMILJARE (NENI 8 I KONVENTËS EVROPIANE PËR TË DREJTAT E NJERIUT) DHE LIRIA E SHPREHJES (NENI 10 I KONVENTËS EVROPIANE PËR TË DREJTAT E NJERIUT) - KORNIZA LIGJORE VENDORE DHE NDËRKOMBËTARE
BALANCING THE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (ARTICLE 8 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS) AND THE FREEDOM OF EXPRESSION (ARTICLE 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS) – DOMESTIC AND INTERNATIONAL LEGAL FRAMEWORK

Summary/Abstract: Among the range of rights guaranteed by the European Convention on Human Rights (ECHR) and which have judicial protection by the European Court of Human Rights in Strasbourg (ECtHR) are the right to respect for private and family life provided for in Article 8 by the ECHR and the freedom of expression guaranteed by Article 10 of the ECHR. These two extremely important human rights often come into conflict with each other, i.e. the protection of one of these rights can mean violation of the other. It is for these reasons that it is extremely important to strike a certain balance in their application and protection. Of course, this is the primary obligation of the national legislation and the national courts, but the European Court of Human Rights and its jurisprudence certainly have an exceptional role in accomplishing this delicate task. This paper will address the issue of achieving a balance between respect for these two rights, both in terms of domestic law and in terms of the European Convention for the Protection of Human Rights.

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