Nobody downloaded yet

Privacy as a Basic Individual Right - Essay Example

Comments (0) Cite this document
Privacy as a basic individual right: Name: Institution: The Supreme Court as from 1923 to present interprets the 1th amendment as such; there is a broad right of privacy mainly in regard to procreation, marriage and its termination, and medical treatment termination…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
Privacy as a Basic Individual Right
Read TextPreview

Extract of sample "Privacy as a Basic Individual Right"

Download file to see previous pages However, privacy runs through out the constitution in the 27 amendments. Regardless of the purpose of the act or legislation, it has an effect on the privacy of an individual. (Yero, 2006). Most scholars of the law interpret the ninth amendment to mean that certain rights of the individual though not exclusively described in the bill of rights need to be protected. The privacy right, therefore, extends to anonymity, security and bodily integrity. Dignity and respect are the fundamental principles that define the need for privacy. To argue my point, I will look at a controversial aspect of human beings that is life and death. The controversy of life and death in regard to invasion or restriction to privacy can be seen in the following situations; prisoners on death row, euthanasia, abortion and termination of medical treatment. Euthanasia: this is the intentional inducement of death at the request of the victim (person dying). Persons seek euthanasia because they need to be relieved from dire pain or want a dignified exit from the world if they are for instance in a gross, non reversible state. In past cases, the courts gave rulings in support of rule utilitarian utterly disregarding act utilitarian. However, the interference of human rights activities in the situation has led to considerations on the matter (McDougall, 2008). Case study: Britain, 1992, Dr Cox faced prosecution for allegedly performing Euthanasia. The patient, Mrs. Boyes, aside from being terminally ill was in excruciating pain. To end her suffering, she requested her doctor to end her life. During court proceedings, the argument on whether or not the patient had the right to request death and the doctor’s jurisdiction on the matter took centre stage. The prosecution argued that the patient was in pain, making delusional and, therefore, prone to make life threatening decisions. In response to this claim, the family said the patient was sane hence her decision to choose death instead of living in pain. From the above case, the question of personal liberties springs up. Do individuals have the personal liberty to take their own life at will? Are there exceptional circumstances where the law allows an individual to die? The patient wanted to die with dignity, she also expected her doctor to respect her decision to die and finally, to maintain her bodily integrity. Closer home; there is the Quinlan vs. Missouri State case. In 1975, Ann Quinlan went into a coma that reduced her to a vegetative state. Her parents legally took up the role of making decisions for her. Ann’s parents were Catholics (privacy of beliefs, 1st Amendment) (Yero, 2006) in which case they believed in the sanctity of life but not in living by support of artificial means. In view of this, they decided that Ann should not be on life support machines. The state challenged the parents stand, but the courts ruled in favor of Ann’s parents, therefore, respecting their religious stand. Contradictions: Jurisdictions impinge upon an individual’s right to privacy on the matter of life and death. The American law describes mercy killings as criminal homicide despite personal liberties. So where is the contradiction? The state of Oregon for instance passed the assisted suicide and Death with Dignity Act making euthanasia a personal liberty. In Texas, the Advance Directives Act Section 166.046 affords medical and health care facilities the right to terminate life-sustaining treatment in cases where continued treatment is futile. Therefore, in ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Privacy as a Basic Individual Right Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from
(Privacy As a Basic Individual Right Essay Example | Topics and Well Written Essays - 1250 Words)
“Privacy As a Basic Individual Right Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Privacy as a Basic Individual Right

Privacy Right of Freedom of Information

...and organizations to protect the interests and essentials of free commerce. It goes without saying that the idea of a free and hassle free exchange of information does have its benefits and advantages. Yet, again, the notion of regarding the privacy of the individuals, groups and organizations to be protected and sanctimonious also sounds to be a valid and just proposal. Isn’t it considered to be a common ethical behavior on the part of doctors to maintain the confidentiality of the health records of their patients at all costs? A commonsensical approach towards life amply corroborates the fact that nobody in the right mind would ever like to put up with a society, where the details...
9 Pages(2250 words)Research Paper

The Right of Privacy

...with employers thus declaring work conditions and minimum wage unconstitutional. Nowadays, substantive due process is applied in safeguarding people from abuse or laws that make unjustified saddle on people, identified group or a citizen class. The court determines the government’s motive to infringe into people’s private lives by applying the Rational Basis Formula to find out if the laws are relevant to genuine government concern. If the legislation goes through the test, it is further tested by the ‘scrutiny that is strict’ to find out if there is a convincing interest of the state that give good reason to violating individual or group’s basic entitlement. Work cited Alderman, Caroline Kennedy Ellen....
3 Pages(750 words)Research Paper

Individual privacy vs. National Security

...the national security as a priority. Since the implementation of the Patriot Act, the first and fourth amendments were changed to enhance national security. This implied that according to the act the authorities had the rights to vary and at sometimes compromise people’s freedom in their fight against terrorism. Personal privacy is a civil liberty; according to the constitution, the government has a duty to ensure that it protects human rights. The national Act was designed to fight terrorism, had little or no concern over individual privacy and civil liberties. Although fighting terrorism to ensure national security is, a good thing for the government...
6 Pages(1500 words)Research Paper

Individual Privacy vs. National Security

...that the government has little concerns over the rights of the citizens. Enhancing national security on the expense of individual privacy is an expensive affair and therefore, the government needed to consider its actions. The efforts to fight terrorism are also unrealistic since terrorists live within the people and it is difficult for security agencies to distinguish between terrorists and civilians. Enhancing individual privacy despite the immediate security requirements in the country could have served as a complete solution to the problem. The federal government therefore, needed to maintain individual privacy since...
7 Pages(1750 words)Research Paper

Internet Privacy --private individual some individuals who have no qualms about destroying the lives of other people. In this regard, this paper discusses and tackles the important issues involved in Internet privacy of individuals. a) Background – the rapid spread of Internet use due to lower broadband connections had led to problems regarding the issue of privacy and security in the Web space (Hora, 2008:91). Incidents of identity thefts are on the rise, despite the development in Internet security Style and modus of Internet hackers had also evolved markedly (Poulsen, 2012:5). Rise of Internet-enabled transactions such as Web 2.0 increased hacking opportunities People need to be more aware and better...
3 Pages(750 words)Essay

The Right to Privacy

...The Right to Privacy Introduction Privacy refers to the ability of a person or group to seclude information about them, and; hence, expose them discriminatingly (Etzioni 2). In essence, it is the right of someone to be free from secret inspection and to decide whether, how, when and to whom one’s individual or organizational information is to be revealed (Etzioni 2). In particular, privacy might be split into four classes (1) Physical: control on others to experience a situation or person through their human senses; (2) Informational: control on looking for or disclosing facts, which are unknowable or unknown to others; (3) Decisional:...
5 Pages(1250 words)Essay

The notion of a basic right

...their approval or disapproval in the way they are being led. Participation may come in different forms. The important thing is, the opinion of a member is considered. And such opinion may influence the direction of the nation. Government Participation as a Basic Right The community is composed of individuals; a country is composed of its citizens. Hence, whatever it is the government does, ultimately, it will affect the individuals composing it - its citizens. For example, a state chooses to impose a certain tax to be used to build infrastructures. Obviously, all the citizens will pay it. Everyone within its territory is affects. And because of this, it is but fair...
5 Pages(1250 words)Essay

The Right to Privacy and Corporate Responsibility

.... It is a widely-recognized principle that even when a situation exists where someone, a corporation for example, has a duty to its investors to investigate the background of a potential employee, that duty is circumscribed by the individual's basic human rights. As expressed by one author, "[d]uties as correlative of rights--your duty not to invade my privacy may be justified by my right to privacy--is one of the hallmarks of fundamental rights" (Gordon & Wilmot-Smith 1996: 42). Accordingly, the duty of an organization to ensure the suitability of a candidate cannot violate that...
16 Pages(4000 words)Essay

Privacy is not the most important right

...comprehensively the right to be left alone and refrain from sharing an individual’s private information with other people. Some of the common issues that are catered for by privacy rights include: individual truths, private matters and issues, individual information as well as ones secrecy. The right to privacy is commonly popular and profound to free people. It offers a significant amount of freedom to the country’s citizen. Nevertheless, right to privacy does not offer a platform for the provision of other basic human rights such as...
4 Pages(1000 words)Essay

Short topic: Safety or right to privacy

...(Assignment) Safety or Right to Privacy Issues of Spying on Citizens Terrorism poses manifold security threats in thepresent global conditions. The world today is a global village, and hardly any part of it can be insulated from the ill-effects of terrorism. However, in the zeal to secure the life of the common man, his privacy is being invaded upon. Spying on an individual has not prevented terrorist acts. It is not worthwhile to stifle a person’s privacy for the perceived gain to security. One does not know where to draw a line regarding the extent to which the state can snoop on its own people. Spying is not the only remedy for terrorism. Evidence...
6 Pages(1500 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Privacy as a Basic Individual Right for FREE!

Contact Us