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2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. Th
e family is the natural and fundamental group unit of society and is entitled to
protection by society and the State."
Article 17 of CCPR
"1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks."
Article 23 of CCPR
"1. Th
e family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
2. Th
e right of men and women of marriageable age to marry and to found a family shall
be recognized.
3. No marriage shall be entered into without the free and full consent of the intending
spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure equality
of rights and responsibilities of spouses as to marriage, during marriage and at its
dissolution. In the case of dissolution, provision shall be made for the necessary protection
of any children."
Th
e right to privacy is central to the notion of freedom and individual autonomy. Many of
the controversial issues that have arisen in the context of privacy litigation, such as State
interference with homosexuality, transsexuality, prostitution, abortion, (assisted) suicide,
dress codes and similar codes of conduct, private communication, marriage and divorce,
reproductive rights, genetic engineering, cloning and the forced separation of children
from their parents, touch upon fundamental moral values and ethical issues, which are
viewed diff erently in various societies. Furthermore, the liberal concept of privacy is based
on the private versus public dichotomy, and on the philosophy that Governments should
not interfere with essentially private and family matters. However, it is precisely that di-
chotomy that is challenged directly, above all by modern feminist theory, and blamed for
major violations of the human rights of women and children, including domestic violence
and female genital mutilation (FGM).
THE RIGHT TO PRIVACY: A COMPLEX AND MULTIFACETED HUMAN RIGHT
Th
is right guarantees
· respect for the individual existence of the human being, i.e., his or her particular
nature, idiosyncrasy, appearance, honour and reputation.
· It protects individual autonomy and entitles individuals to isolate themselves from
their fellow human beings and withdraw from public life into their own private spheres
in order to shape their own lives according to their personal wishes and expectations.
Certain institutional guarantees, such as protection of home, family, marriage and the
secrecy of correspondence support this aspect of the right to privacy.