| Abstract [eng] |
The principle of the inviolability of the person is established in the 21st article of the Lithuanian Constitution. Almost every human being interperts the inviolability of the person in a different way. Moreover, often people interpret the pricipal of person‘s inviolability contrary to the meaning of the Constitution‘s 21st article. During different periods of time people valued the inviolability of the person in diverse ways; most of the time they associated it with a personal freedom. However, people encourage others to violate their rights when they do not know what rights and freedoms they possess or when they interpret their rights and freedoms in different ways. The right to person‘s physical and phsycological inviolability and privacy are expressed in the laws of the Lithuanian Republic in a rather detailed way; however, the mechanisms, which would assure the protection of these rights, have not been implemented yet, there is not enough experience nor suffucient judicial practice. Unformed legal conscience, inability to find violations of the right to the inviolability of the person, and a lack of citinzentry are important obstacles for the realization of the right to the inviolability of the person. The Constitutional basis of the inviolability of the person is examined in this work. This work explores conceptions of personal freedom and the inviolability of the person, because the inviolability of the person is very often associated with a concept of personal freedom. It analyzes the development of human rights and freedoms, which are regulated by constitutions and laws of Lithuania and other states. The emphasis of the work is placed on the analyzis of the inviolability of the person legal regulation by the Constitution of the Republic Lithuania and other legal acts. The jurisprudence of the Constitutional Court of the Republic of Lithuania and the European Court of Human Rights plays an important role in exploring the conception of personal freedom and the inviolability of the person; therefore, major cases, which are associated with human rights and freedoms that are analyzed in this paper, are examined in this work as well. The problems, which are related to the realization of the pricipal of the inviolability of the person, are also discussed in this work, and some improvements of how to regulate the pricipal of the inviolability of the person in legal acts, which is important to every human being, are suggested in this work. |
