LJUDSKA PRAVA NA RADNOM MJESTU – PRAVO NA PRIVATNOST

Glasnik prava Pub Date : 2022-12-01 DOI:10.46793/gp.1302.03p
Pešić Miodrag
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Abstract

Human rights are acquired by birth and as moral principles that determine behaviour, they are deeply embedded in the foundations of every modern society. Thus, the right to respect for private life, as a human right guaranteed to all citizens, found its place in national and international documents. However, the right to respect for private life, in terms of the working environment of an employee, may overlap with some other rights of an employee and as such, besides being very often in collision with the rights and interests of an employer due to the characteristics of a certain legal system, when realizing the eventual judicial protection, can be difficult to recognize in practice. The inviolability of the dignity of employees should be imperative when exercising their rights from work and based on work. Therefore, the violation of any right, including the right to respect for private life, is a violation of human rights, for which reasons it is necessary to indicate what can be a violation, and what are the legal consequences, and to act preventively so that the aforementioned negative behaviours do not occur in society. The aim of this work is to point out possible violations of the right to respect for an employee's private life at the workplace, the procedure for obtaining legal protection due to a violation of employee's right to privacy, when this right may be restricted, similarities between the violation of the right to respect for private life and some other rights that are guaranteed to an employee either by national or international legal acts.
人权是与生俱来的,作为决定行为的道德原则,人权深深植根于每个现代社会的基础之中。因此,作为保障所有公民的一项人权,尊重私人生活的权利在国家和国际文件中占有一席之地。然而,就雇员的工作环境而言,尊重私人生活的权利可能与雇员的其他一些权利重叠,而且由于某种法律制度的特点,这一权利除了经常与雇主的权益发生冲突外,在实现最终的司法保护时,在实践中很难得到承认。员工在行使从工作中产生的权利和基于工作的权利时,其尊严的不可侵犯性是必不可少的。因此,侵犯任何权利,包括尊重私人生活的权利,都是对人权的侵犯,因此有必要指出什么是侵犯,其法律后果是什么,并采取预防措施,使上述消极行为在社会上不再发生。这项工作的目的是指出在工作场所尊重员工私人生活的权利可能受到侵犯,由于侵犯员工隐私权而获得法律保护的程序,当这种权利可能受到限制时,侵犯尊重私人生活的权利与国家或国际法律行为保障员工的其他一些权利之间的相似之处。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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