Right to privacy

INTRODUCTION
This book is the new outcome of the continuing project of cooperation between Charles University in Prague, Faculty of Law (in particular its Research Centre for Human Rights, UNCE) and the University of West of Santa Catarina (Universidade do Oeste de Santa Catarina, Unoesc) in Joaçaba, SC, Brazil. Th e project is in line with the new research strategy of Charles University in Prague, which seeks to promote internationalization of research, including the cooperation with universities in Latin America and the Far East.
The cooperation between the CU Faculty of Law and the Unoesc was established in the beginning of 2014, on the occasion of the research stay and lecture of Professor Vinicius Mozetic in Prague. The next step was the agreement to co-organize two conferences and publications on the subject of International and Internal Mechanisms of Fundamental
Rights. Th e fi rst took place in October 2014 in Joaçaba, SC. The second took place in October 2015 at the CU Faculty of Law, in Prague.
Th e next conference on the topic of “Business and Human Rights” was organized by the Research Centre (UNCE) at the CU Faculty of Law in Prague in November 2017. Some chapters develop, in a largely amended and expanded manner, the ideas presented at the 2017 Prague conference. However, the publication is not just a collection of the
papers presented at the conference. Instead, it is a self-contained book which includes chapters written by professors and researchers from the CU Faculty of Law and the Unoesc and/or other universities in Brazil. Th e edited book contains 11 Czech and 9 Brazilian contributions. Th e chapters by Czech authors were written in English; those by Brazilian authors were translated from Portuguese.
The book appears in 2018 when we commemorate the 70th anniversary of the Universal Declaration of Human Rights (1948). It is a foundational document, marking the modern turn to individual human rights. In spite of its non-binding form (United Nations General Assembly resolution), it sets the basic catalogue of human rights which would be later developed in treaty instruments, both general and specialized. In addition and with reference to the subject of this book, the Universal Declaration also distinguishes itself from later instruments in two important aspects. First, it does not separate yet civil and political rights from economic, social and cultural rights. Second, it also reminds the social context and human obligations as a corollary to human rights. In particular, Article 28 provides that “Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.”
This may be also interpreted in terms of positive obligations of States and even in terms of sustainable development. Next, Article 29 (para. 1) sets forth that “everyone has duties to the community in which alone the free and full development of his personality is possible.”
This seems to be of special importance for the research in the topic of business and human rights, where the applicability of major human rights treaties is open to questions. Th e book takes inspiration from the Universal Declaration and tries to articulate questions and to give answers to many complex problems of human rights in the contemporary society.

This book diff ers from many other publications on business and human rights at least in two important points. First, it addresses the topic not only from the point of view of international law but also from constitutional, European and comparative perspectives.
Indeed, the topic of business and human rights is a multi-facet problem. It includes various aspects of public and private law.
Second, this book aims at discussing the relevant issues of business and human rights on the basis of the existing law (lex lata), both international and internal, and its interpretation by international and national judicial bodies. It does not intend to develop abstract ideas on the possible international legal personality of transnational corporations and other business entities. Those ideas are very challenging in theory
and very diffi cult for implementation in practice. Neither the book wants to comment on preliminary drafts of a UN treaty on transnational corporations and other business enterprises with respect to human rights, which seems to be the project with an uncertain end that has already caused a sharp division between developing countries and developed countries.
The chapters are divided into six parts: starting from the international law framework (I.), going to human rights challenges (II.), constitutional framework of national implementation of principles on business and human rights (III.), the concept of Corporate Social Responsibility and implications in labour law (IV.), to the issues of business and human dignity (V.), and business and human rights in information society (VI.).
On the Czech side, the authors are mostly professors and junior collaborators (researchers and PhD. candidates) of the Research Centre for Human Rights (UNCE), being specialists in international law, European law, constitutional law, but also other fields of public and private law, including civil law, and labour law. While they work in different departments of the Faculty of Law, they share the interest in human rights protection. On the Brazilian side, most of the authors, in particular Professor Mozetic, Professor Baez, Professor Nery da Silva and Professor Strapazzon, come from the University of West Santa Catarina, some others are fellows of other academic institutions in Brazil.
They also cover a wide range of fi elds in public and private law, including constitutional law, civil law, social law, and the legal aspects of Internet and information society.
In spite of diff erent perspectives of the Brazilian and Czech authors, the book aims at presenting their views on various aspects of human rights in business activities. Both Brazil and the Czech Republic are more than just emerging markets that feature a very dynamic economic growth. For over 25 years, they have been new democratic states, attached to the rule of law and human rights. Taking human rights seriously means to
str eamline them into all legal branches in our countries, as well as in both vertical and horizontal relations.
The book has benefi ted from the reviews by Prof. Dr. Mahulena Hofmannová, as well as from the very careful technical proofreading by Mr. Charles Bird, J.D., LL.M.
We would like to sincerely thank them on behalf of all of the co-authors.

Prague – Joaçaba, November 2018
Professor JUDr. Pavel Šturma, DrSc.
Professor Dr. Vinícius Almada Mozetic

Talaq-e-biddat has been a source of severe oppression and injustice for Muslim women. The practice results in the unilateral breakdown of a marriage at the whim of the husband. The judicial trend has evolved against the practice since the courts have, at several occasions, declared the practice to be unacceptable with certain qualifications. In Shayara Bano v. Union of India, the Supreme Court conclusively struck down this practice. Subsequently, the Parliament came up with the Muslim Women (Protection of Rights on Marriage) Bill, 2017 which declared the practice as void and illegal. The Bill also makes the practice a non bailable and cognizable offence and provides imprisonment of three years for the same. The authors critically examine the bill and conclude that criminalising an act of private nature would have adverse repercussions on the institution of marriage. Although the Bill might prohibit triple talaq, it seems highly improbable that it would effectively achieve its objective of protecting the rights of married Muslim women at the same time. The authors suggest an alternative scheme which would achieve the objective of the Bill while overcoming its limitations.
https://www.sociolegalreview.com/post/criminalisation-of-triple-talaq-dissecting-the-constitutional-and-socio-legal-aspects

The Social Credit system (SCS) in China is being applied in an increasing number of areas of everyday life. This system is built around rewarding and punishing specific forms of social behavior. The question arises whether this system is a new challenge to the right to privacy. The study, which is supported by literature, sheds light on how novel this thought is. This paper uses the comparative method, normative method, and legal-logical methods of induction and deduction. According to the research, the SCS in basic is a state project. The key distinctions between the SCS and similar systems in Western countries include the impact on individuals, state dependency, punitive policy, the breadth of consequences, and cultural differences. In addition, one of the tools of the SCS in China is ‗shame', which is focused on maintaining harmonious relations within a society. In the West, the focus is more on the citizens' rights.

This chapter focuses on the right to privacy as primarily involving the control of information about oneself. Section 2 presents a brief comparative, descriptive analysis of how nineteen Latin American constitutions have enshrined different dimensions of this right to control over information about oneself. Section 3 discusses the protection of personal data and the Habeas Data, a right/remedy that many constitutions in the region have enshrined for the protection of aspects of privacy and personal data, and which is considered to be one of the distinct Latin American contributions to the global constitutional repertoire. Section 4 focuses on the emerging idea of a 'right to be forgotten' while Section 5 concludes with broader considerations on some of the trends and commonalities that can be identified in the region.