Protection for Rights of Personality in Scots Law: A Comparative Evaluation

Elspeth Reid


With the adoption of the Human Rights Act 1998, the European Convention on Human Rights became directly enforceable in the United Kingdom. This paper assesses the extent to which Convention rights, in so far as they address rights of personality, already find protection in the Scots common law, and considers from a comparative perspective the means by which any gaps in that protection might be made good. Incorporation of the Convention compels a review of existing safeguards for personality rights in Scots law, together with a reappraisal of those interests which may weigh against such rights. In determining how privacy may be given adequate recognition in the Scots common law, it is instructive to look beyond England to judicial development of the doctrine in other European jurisdictions.


Cite as: Elspeth Reid, Protection for Rights of Personality in Scots Law: A Comparative Evaluation, vol 11.4 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (December 2007), <http://www.ejcl.org/114/art114-1.pdf>.

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