4. Art 8 Flashcards
Costello-Roberts v UK
Breach of person’s ‘physical and moral integrity’ through corporal punishment could engage Art 8
McDonald v UK
States have wide margin of appreciation over allocation of scarce resources – here no violation
Dudgeon v UK
Criminal prohibition on homosexual conduct between consenting adults in private existing in Northern Ireland breached Art 8
Gillan
Stop and search powers in Terrorism Act 2000, ss 44-47 not incompatible with Art 8
Gillan and Quinton v UK
ECtHR held that the powers under TA 2000 were neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse
Khan v UK
Surveillance measures would only be in accordance with law for purposes of Art 8(2) where clear statutory framework existed
Wood
Retention of police photographs of peaceful demonstrator held to engage protection of Art 8
Kroon v Netherlands
‘Family’ is not limited to relationships dependent on marriage
Evans v UK
Requires balancing of competing interests under Art 8 - court found in favour of man’s right not to be forced into paternity over woman’s right to use embryos jointly created by them
Dickson v UK
Life prisoner successfully argued that denial of access to IVF engaged Art 8
Abdulaziz and others v UK
Art 8 does not impose obligation on state to respect choice by married couples of their country of matrimonial residence and accept non-national spouses for settlement in that country
Quila v Secretary of State for the Home Department
Rules on grant of marriage visas, where either party to marriage was under 21 years old, breached right to family life guaranteed by Art 8 - measure was disproportionate and thus ‘not necessary in a democratic society’
Coughlan
HA proposing to move paraplegic patient from accustomed place of residence was held to have violated Art 8
Harrow LBC v Qazi
Art 8 cannot be used as defence when tenant was facing eviction
Manchester City Council v Pinnock
SC held UK courts should, in certain circumstances, take into account proportionality of requiring tenant to leave home, even when their technical right of occupation had ended in domestic law
Hatton v UK
Gvt not directly responsible for noise levels around Heathrow, but has obligation to manage it
Malone v UK
Interceptions of applicant’s postal and telephone communications by police for purpose of prevention and detection of crime violated Art 8
Foxley v UK
Mail intercepted between applicant and his solicitors breached Art 8
Campbell v UK
Reading of letter from solicitor to inmate violates Art 8 - should only be opened where there is reasonable suspicion contains illicit material, and only opened, not read (other than in exceptional circumstances)
Daly
Blanket policy allowing prisoners’ cells to be searched in absence held to violate Art 8
Secretary of State for the Home Department v AP
SC held that the imposition of a 16-hour curfew and requirement that appellant live 150 miles from his family under TA 2005 was a violation of his right to family life
Da Silva v Netherlands
Art 8 violated when Dutch authorities refused to grant Brazilian residence permit on grounds her interest in staying near daughter (Dutch national) was outweighed by interests of economic wellbeing of Netherlands
Marper
Police’s policy of retention and use of DNA samples and fingerprints after suspects had cleared of offence compatible with Art 8
S and Marper v United Kingdom
ECtHR disagreed – blanket and indiscriminate nature of the DNA retention policy was seen to be disproportionate, and notably different to practices in other European countries – violates Art 8
