Considerations in regards to the protection of personal rights granted after the person's death

• Author: Laura-Dumitrana Rath Bosca - Bogdan Bodea
• Position: Faculty of Juridical and Administrative Sciences, Romania Agora University of Oradea, România Doctoral School?Law Field 'UVT' University, Timi?oara, Romania. Correspondence: Laura-Dumitrana Rath Bo?ca, Agora University of Oradea, Pia?a Tineretului no. 8, Oradea, Romania E-mail: dumitra1970@yahoo.com - Faculty of Law, University of Oradea, Rom...
• Pages: 21-24

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2019), pp. 21- 24

21

CONSIDERATIONS IN REGARDS TO THE PROTECTION OF

PERSONAL RIGHTS GRANTED AFTER THE PERSON'S DEATH

L-D., RATH BOŞCA, B. BODEA

LAURA-DUMITRANA RATH BOCA

Faculty of Juridical and Administrative Sciences, Romania

Agora University of Oradea, România

Doctoral School–Law Field

“UVT” University, Timioara, Romania

*Correspondence: Laura-Dumitrana Rath Boca, Agora University of Oradea, Piaa

Tineretului no. 8, Oradea, Romania

E-mail: dumitra1970@yahoo.com

BOGDAN BODEA

Faculty of Law, University of Oradea, România

*Correspondence: Bogdan Bodea, Faculty of Law, University of Oradea, România, str.

General Magheru, no. 26, Oradea, România

E-mail: avocatbodea@yahoo.com

ABSTRACT

The present article aims to discuss the extent to which the protection granted to

personal rights can exceed the life of a person a nd, if so, to determine whether the rights that

come within the meaning of private life as governed by Article 8 of the European Convention

of human rights can be protected consecutively to the person's death.

KEY WORDS: protection, personal r ights, human rights, jurisprudence, reputation,

deceased person, memory.

INTRODUCTION

In this regard the European Court of human rights has already confirmed the

principle that Article 8 rights were non-transferable when it refused a universal legatee to

pursue an application lodged by the immediate victim in the case of Thevenon v. France

1.

In another decision the Court did not find sufficient reasons to depart from its

established case-law and argued tha t the applicant does not have the legal standing to rely on

his grandfather’s rights under Article 8 of the Convention because of their non-transferable

nature.2

This being said, it seemed that the Court had a solid jurisprudence which established

a temporal limit of protection for the private life: the death of the person. After this moment,

any injury to the memory of the deceased was regarded as a violations of the rights of

relatives that were alive.

1 See Thevenon v. France Dec. no. 2476/02, 28 June 2006. In T hevenon v. France, mr Yahi an universal legatee

of the plaintiff although a close friend of the deceased was denied locus standi on the bases that rights

guaranteed by Articles 5 and 8 of the Convention are eminently personal and non -transferable

2 Yakovlevich Dzhugashvili v. Russia, App. no. 41123/10, (dec.) 9 December 2014, §§ 23-24