Mäns rätt till skydd av privatliv mot kvinnors rätt till skydd mot våld - Kampen om skyddet

Abstract

The purpose of the essay is to investigate how the position of women and girls in society can lead to a valid infringement of the right to privacy (art. 8 ECHR) by allowing the storage of personal data belonging to people who have not been convicted of a crime. The essay uses the traditional legal method to determine the applicable law, but is also grounded in a feminist approach in order to enable an interaction between jurisprudence and societal phenomena. The essay revolves around Directive 2016/680 and relevant case law in order to analyze the set requirements to enable an infringement of the right to privacy. In order to be able to analyze whether the requirements can be met based on the need to prevent men’s violence against women and girls, the essay will also describe the life situations of women and girls in society.

The essay argues that the conditions at hand fall under art. 8.1 ECHR, that an infringement can be justified based on art. 8.2 ECHR, that the infringement is in accordance with the law, but also that the need to work towards preventing men’s violence against women is such a pressing social need in a democratic society that the intrusion is necessary and therefore possible.