A8 ECHR Flashcards
1
Q
4 dimensions of personal autonomy
A
- Private life
- Family life
- Home
- Correspondence
2
Q
Negative obligation of A8
A
- Refrain from making laws that interfere with rights in A8
- Not to disclose or pry matters confidential to an individual
- Must balance individual interests with community interest MARCKX
3
Q
Positive obligation of A8
A
- Must actively protect rights particularly against third party violation
- JOHNSTON v IRELAND = positive obligation of public authority to protect
4
Q
Concept of private life
A
X & Y = encapsulates right to physical and psychological autonomy
PRETTY v UK = encompasses aspects of physical and social identity and right to self-determination
5
Q
Case law on ABORTION
A
ABC v IRELAND
6
Q
ABC v IRELAND
A
- Challange under ECHR to abortion law in Ireland
- Lack of consensus of MSs on balance between rights of woman and unborn child
- Is it right to take into account Ireland’s ‘profound moral values as to the nature of life’
- Although it was ruled no violation of A8 due to margin of appreciation for culture -> is that ok???
7
Q
A8 on sexual life
A
DUDGEON v UK
ADT v UK
8
Q
DUDGEON v UK
A
- 1981 N. Irish legislation classified homosexual relations illegal
- Applicant said he experienced fear of blackmail/harassment, suffering and distress by the laws existence
- Court found law to be disproportionate for and its supposed protection of morals, rights and freedoms etc stupid
- Violation of A8
9
Q
ADT v UK
A
- Applicant argued him being prosecuted for sex acts with multiple consenting men in his own home = interference under A8
- Held acts were purely private in nature = violation
