Towards a reformulation of the right to inviolability of the home?

Authors

  • Cristina Zoco Zabala Universidad de Navarra

DOI:

https://doi.org/10.18042/cepc/redc.121.06

Abstract

This work analyzes the object protected in article 18.2 CE and in the jurisprudence of the Constitutional Court. Likewise, it verifies its adequacy to the different scenarios —past and present— in which it is applied. It is concluded that the protected object is the inviolability of the physical space, regardless of the more or less intimate or private character of what happens or what nests in such space; also regardless that nothing happens or is contained in it.

Likewise, a restrictive constitutional jurisprudence that protects the physical spaces in which intimate or private life takes place is revealed. In this sense, not all inviolable spaces are protected. It is proposed to reformulate the fundamental object enunciated in art. 18.2 CE in order to guarantee a more real and effective protection that reaches all spaces that are inviolable. This regardless of whether their natural destiny is not development of intimate life in them, or regardless of the effective existence of intimate or private life.

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Published

2021-04-28

How to Cite

Zoco Zabala, C. (2021). Towards a reformulation of the right to inviolability of the home?. Revista Española De Derecho Constitucional, (121), 169–195. https://doi.org/10.18042/cepc/redc.121.06