Aktualios konstitucinės teisės į privatų gyvenimą apsaugos problemos

Abstract

The article analyses the regulation of the constitutional right to private life. The extent of the protection of this social relation established in the Constitution significantly depends not only on the interpretation of the constitutional norms itself, the legal tradition and legal culture but also on the legislator. The legislator’s duty is to materialise the content of the constitutional norm and establish the mechanism of protection, i.e. the actual possibility to enjoy the right and effectively protect it. The article discusses the ways of protecting the constitutional right to private life, focusing in particular on the examination of pre-trial disputes. It is found that the protection of the right to private life in the examination of disputes in pre-trial institutions is ineffective because only a few disputes are resolved, sanctions are rarely applied to offenders, and the decisions made by these institutions cannot oblige the offender to compensate the moral damage to the victim. The article also examines the peculiarities of the protection of the private life of public persons: since the Constitution of the Republic of Lithuania does not mention the institute of the public person, it is the duty of the legislator who establishes the institute of the public person to define the criteria for categorising some persons as public persons.