CONSTITUTION, INTERNATIONAL TREATIES, CONTRACTS AND TORTS facts(HR 17 October 1980, NJ 1981, 141) Article 5: Right to liberty and security It was found that within the framework of insolvency proceedings the courts, when deciding on the possible detention of the insolvent party, should weigh the interests served by the detention against the right to liberty of the person concerned(hr 2 Decem ber 1983, NJ 1984, 306) Article 6: Right to a fair trial Whilst insolvency proceedings are also covered by Article 6, the principle of a public hearing should, in principle, suffer an exception in the interest of the debtor whose insolvency is sought to be declared, unless one of the parties to the proceedings requests a public hearing and no valid grounds are advanced against such request(HR 20 May 1988, NJ1989, 676) Article 8: Right to respect for private and family life It was found that the refusal by a private school to continue adm ission of certa in pupils who refused to attend religious instruction which was a regular item of the curriculum did not amount to non-respect for private and fam ily life within the sense of Article &(HR9 April 1976, NJ 1976, 409) Within the framework of insolvency proceedings certain inroads upon the respect for private life may be justified in the light of the protection of the interests of the creditors(HR 21 February 1984, NJ 1984, no 63, p. 394) Tortuous liability was found by the Hoge Raad in a case where a private indiv idual had passed on certan damaging information on his neighbour to a public authority which thereupon stopped the payment of certan allowances to the latter. Indeed the defendant was found to have infringed the right to respect for privacy and family life and to have therefore acted in tort(hr 9 January 987,NJ1987,928) If it is esta blished that the publication of a picture infringes upon the respect due to private life, this infringement then represents a"reasonable interest"within the sense of Article 21 Auteurswet( Copyright Act)on which a ban on publications can be based (Hr 1 July 1988, NJ 1988, 1000) The Court of Appeals,'s Hertogenbosch, was confronted with a dispute overa request for access to infomation about the identity of the parents of the applicant which information was in the hands of a social medical institution which had, at the time, assisted the presumed mother, since deceased. The Court found that it had to ba ance three categories of legitimate interest against each the interest of the applicant to know the identity of her parents(protected under article 8 ECHR) the public interest to protect the confidentiality of infomation received in confidence by institutions such as the defendant from their patients the interest of persons in a position such as the presumed mother to see her private and family life protected, aga in protected under Article 8 ECHRCONSTITUTION,INTERNATIONAL TREATIES,CONTRACTS AND TORTS 7 facts (HR 17 October 1980, NJ 1981, 141). Article 5: Right to liberty and security - It was found that within the framework of insolvency proceedings the courts, when deciding on the possible detention of the insolvent party, should weigh the interests served by the detention against the right to liberty of the person concerned (HR 2 December 1983, NJ 1984, 306). Article 6: Right to a fair trial - Whilst insolvency proceedings are also covered by Article 6, the principle of a “public hearing” should, in principle, suffer an exception in the interest of the debtor whose insolvency is sought to be declared, unless one of the parties to the proceedings requests a public hearing and no valid grounds are advanced against such request (HR 20 May 1988, NJ 1989, 676). Article 8: Right to respect for private and family life - It was found that the refusal by a private school to continue admission of certain pupils who refused to attend religious instruction which was a regular item of the curriculum did not amount to non-respect for private and family life within the sense of Article 8 (HR 9 April 1976, NJ 1976, 409). - Within the framework of insolvency proceedings certain inroads upon the respect for private life may be justified in the light of the protection of the interests of the creditors (HR 21 February 1984, NJ 1984, no. 63, p. 394). - Tortuous liability was found by the Hoge Raad in a case where a private individual had passed on certain damaging information on his neighbour to a public authority which thereupon stopped the payment of certain allowances to the latter. Indeed the defendant was found to have infringed the right to respect for privacy and family life and to have therefore acted in tort (HR 9 January 1987, NJ 1987, 928). - If it is established that the publication of a picture infringes upon the respect due to private life, this infringement then represents a “reasonable interest” within the sense of Article 21 Auteurswet (Copyright Act) on which a ban on publications can be based (HR 1 July 1988, NJ 1988, 1000). - The Court of Appeals, ‘s Hertogenbosch, was confronted with a dispute over a request for access to information about the identity of the parents of the applicant which information was in the hands of a social medical institution which had, at the time, assisted the presumed mother, since deceased. The Court found that it had to balance three categories of legitimate interest against each other: - the interest of the applicant to know the identity of her parents (protected under Article 8 ECHR); - the public interest to protect the confidentiality of information received in confidence by institutionssuch as the defendant from their patients; - the interest of persons in a position such as the presumed mother to see her private and family life protected, again protected under Article 8 ECHR