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Law- Human Rights > ART8 basic facts > Flashcards

ART8 basic facts Flashcards

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1
Q

Proportionality

A

Finding the balance between the individual right and the community.

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2
Q

Margin of appreciation

A

Amount of discretion that the ECHR gives to the state.

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3
Q

Why is their margin of appreciation?

A

Appreciate there are different rules in different states.

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4
Q

Living instrument

A

Not bound by precedent so can develop over time.

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5
Q

Living instrument case

A

Rees
Goodwin

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6
Q

What is Article 8?

A

The right to respect for family and private life.

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7
Q

What margin does ART8 have?

A

A wide margin

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8
Q

Wide margin

A

More discretion.

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9
Q

What does ECHR create?

A

Negative rights

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10
Q

Negative rights

A

Obligation on state not to interfere with the right.

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11
Q

Negative rights case

A

France

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12
Q

What does the ECHR interpret the negative rights as?

A

Positive obligations

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13
Q

Positive obligations

A

Tells state to take action to prevent violations of rights happening.

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14
Q

Positive obligations case

A

Romania

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15
Q

What type of right is Art 8?

A

A qualified right

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16
Q

A qualified right

A

Can be limited by state.

17
Q

What are the reasons ART 8 can be limited?

A

In accordance with law
To meet a legitimate aim
Necessary in democratic society

18
Q

In accordance with law case

A

Germany

19
Q

Examples of being in accordance with law

A

Data protection
Police powers

20
Q

Legitimate aim

A

Nobody shall interfere with right unless authorised by law to do so when necesary

21
Q

Examples of legitimate aim

A

National security
Public safety

22
Q

What justifies a state interference?

A

Proportionality
Margin of appreciation

23
Q

What article does article8 overlap with?

A

Article 10

24
Q

What normally happens with Article 10?

A

It normally counters the argument.

25
Q

What is Article 10?

A

Freedom of expression

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