Identifier: TFG:1045
Authors: Pedrola Navarro, Alba.
Abstract:
This Final Degree Project discusses the involvement of the right to privacy in bodily searches. We observe the regulation of the right to privacy, acknowledged in Art. 18 EC and therefore considered as a Fundemental Right. Once we make clear what its regulation is, we can see the potential interference that can occur in this Fundemental Right proccess, which can be considered legitimate or illegitimate, depending on whether they comply with the requirements. On the other hand it should also be considered whether the possible effect of this right conflicts with other Fundemental Rights. Thereafter we analyze the concept of bodily searches and the different types that are part of the term to see what types of interventions will be affected by the right to privacy and what not, and which requirements for those, who in the case of an interference involving the right to privacy, are considered legitimate. So that we can better understand the scope of the right to privacy, it is necessary to consider the importance of Article 8 of the ECHR, which expands the concept of personal privacy, personal and family life, so that we no longer talk only of the personal life of an individual, but of the concept also refering to the persons with whom the individual has a family tie. Finally, we move into a detailed analysis of the regulation of bodily search operations, particularly the LO 4/2015, which we question in the constitutionality of Article 20, which are therein set out. We also take a differentiation of types of searches carried out with a support case law that will facilitate the understanding thereof. The final conclusion is the scarcely regulated practice of such and the possible unconstitutionality of the law which governs it.
Repositori URV