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Human Rights > Article 8+ 10 > Flashcards

Article 8+ 10 Flashcards

1
Q

What does article 8(1) state ?

A

That everyone has the right to respect for his private and family life, his home and correspondence

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2
Q

What are the four rights article 8(1) has

A
  1. Family life
  2. Private life
  3. Home
  4. Correspondence
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3
Q

Finish the sentence. State interference with the right in 8(1) will require …

A

Any state interference with the right in 8(1) will require justification of one of the reasons listed in 8(2)

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4
Q

Summaries what article 8(2) states

A

There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security , public safety or the economic well being of the country

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5
Q

What is meant by accordance with the law

A

This means that any interference with these rights must be based on a law that is clear and predictable. ie in COPLAND V UK surveillance of a persons work email was not justified as there was no law to base these action apron

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6
Q

What does article 8(2) meet ?

A

A legitimate aim ..

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7
Q

What is the list provided by 8(2) that considers what an legitimate aim is.

A
  • National security
  • Public safety
  • Economic well being
  • Prevention of disordered or crime
  • Protection of health or morals
  • Protection of the rights and freedoms of others
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8
Q

How is what is necessary in a democratic society decided ?

A
  1. Margin of appreciation- this refers to the amount of discretion that the echr gives the state in their interpretation
  2. Proportionality -this looks at how proportionate the states interference is and if it strikes a balance between the rights of the individual and the rights of the community
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9
Q

What section of article 8 comes under family life \?

A

8(1)

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10
Q

How does the ECHR define family life ?

A

The ECHR has defined family life to include different types of family relationships such as children , grandchildren, adoptive and foster relationship , relationships after divorce and oth4er relations with close ties married couples and co-habitating unmarried couples

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11
Q

What is a qualified right ?

A

Article 8 is a qualified right which means that it has to strike the balance between the rights of the individual and the community
- The state can limit these rights if it is in accordance with the law and if it meets a legitimate aim

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12
Q

What is the living instrument principle ?

A
  • This means that article 8 is a negative right ( the state should respect the right and not interfere) but the state has a positive obligation to protect a persons right to respect family life and private life
  • Sheffield and Horsham v Uk 1999 - prevents the right to marry thus preventing the right to family life- held there was no violation of article 8
  • Johansen v Norway - There was violation of article 8
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13
Q

What is controversial about removal from the state ?

A

It can cause problems specifically in immigration cases because one may be removed from the country ie

Agyarko and Ikuuga v secretary of state for the home department - there was no violation because courts didn’t see a reason why they couldn’t continue there relationship in there own countries

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14
Q

What case shows a removal from the state /

A

Agyarko and Ikuuga v secretary of state for the home department

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15
Q

Can the courts remove criminals ?

A

Yes but did not occur in the case of NASRI V FRANCE

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16
Q

What does the case of Botta V Italy include in the definition of a private life ?

A

A persons , physical and psychological integrity which includes there sex life , gender , reputation, name , images and personal data

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17
Q

List the potential interferences with private life under 8(2)

A
  • Police search’s these may be justified if the aim is legitimate and prevents crime or upholds national security Gillian v Sinton
  • personal data - confidential for both adults and children who are considered Gillick competent (old enough to consent to medical treatment without the permission from parents)- Akon v secretary of state
  • Data protection - covered by the data protection act 1998 which controls the use of personal data by the state and business
  • Press intrusion - it can be justified if it is the interests of the state according to article 10 , but the freedom of the press is also balanced with the right to privacy. ie murray v express newspaper plc
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18
Q

What case can be used to show police searches as a potential interference with private life ?

A

Gillian and Quinton uk

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19
Q

What case can be use to show personal data as a potential interference with private life ?

A

Axon v secretary of state for health - medical treatment for under 16s can be kept confidential in the name of Axon v secretary state for health

20
Q

What case shows press intrusion as a potential interference with the right to a family life ?

A

Murray v express newspaper lc

21
Q

What is the significance of the case of R on the application of f and thompson v sshd

A
22
Q

What is meant by home under article 8(1)

A

Home is also known as
- where a person permanently lives
- where a person lives sometimes ie a second home Khantun v uk
- The workplace Niemietz v Germany
- where a caravan is parked lawfully is a home ie connors v uk
-

23
Q

Which case suggests that a home can be the workplace ?

A

Niemietz v Germany

24
Q

What is meant by correspondence ?

A

This means that if the state wants to interfere with phone calls , text messages, fax , letters they require justification under article 8(2).

25
Q

What statue can interfere with the principle of correspondence ?

A

The investigatory powers act 2016 which enables security services a range of powers such as hacking and other forms of surveillance to protect public safety

26
Q

What is type of right is article 10

A

A qualified right which means that it needs to strike a balance between the rights of the individual and the rights of the community

27
Q

What is article 10 ?

A

Freedom of expression

28
Q

What does freedom of expression mean ?

A

The term expression means:

  • Freedom to hold opinions
  • Freedom to impart info and ideas ( including ideas that others may find offensive)
  • Freedom to receive information and ideas
29
Q

What type of value makes it hard for the state to intervene ?

A
  • High value expression this includes religion or political expressions
30
Q

What is article 10(2)

A

Article 10(2) includes the conditions that the state must meet if they wish to limit the qualified right of freedom of expression. Any interference must be:

  • Prescribed by law
  • Have a legitimate aim
  • Be necessary in a democratic society
31
Q

What does prescribed by law mean ?

A

This means that if the state interferes with 10(1) THERE must be a legal basis which is clear , precise and predictable

32
Q

What is a legitimate aim ?

A

This is listed in 10(2) as
- in the interests of national security
- territorial integrity or public safety
- for the prevention of crime and disorder
- for the protection of health and morals
- for the protection of the reputation of rights of others
- for preventing the disclosure of information received in confidence
- for maintaining the authority and impartiality of the judiciary
-

33
Q

What cases show a breach or article 10 because of health and morals ?

A

open door and Dublin well women v Ireland - violation of article 10

34
Q

What is meant by a democratic society ?

A

This is where the ECHR will use the concept of proporitality and margin of appreciation

35
Q

What is also known as high value ? Give a case as an example .

A
  • Public interest expression is also considered as high value and therefore there is a narrow margin of appreciation ie
  • Sunday Times v UK - there was an injunction placed to stop reporting stories about a case and it was held that there was no violation of article 10
36
Q

Does artistic expression have a higher value of expression than others

A

it depends on the country which is why the ECHR gave it a wider margin of appreciation e
Otto- preminger v Austria- ld that the ban was justified in order to protect religious beliefs of others.

37
Q

Is incitement of hatred a violation of article 10 ?

A

this cannot be argued as a violation if article 10 because article 17 states that one human right cannot be used to undermine another human right however in Garaudy v France - there was no violation of article 10 because of the rights of 10(1) BUT THE STATE WAS ABLE TO LIMIT THEIS RIGHT UNDER THE PROTCETION OF the reputation and others in 10(2)

38
Q

What is the balance between article 10 and article 8 ?

A

Press freedom is protected under Article 10, but it is necessary to balance this right with Article 8 – right to a private and family life.-

  • Axel Springer v Germany-
  • Goodwin v UK -
39
Q

What is meant by technology ?

A

This is a developing area of law that looks at the expression on the internet ie
Editorial Board of Parvoye Delo and Shtekel v Ukraine

40
Q

What is the UK law on expression ?

A
41
Q

What piece of legislation in the Uk protects the state ?

A

The official secrets act 1989

42
Q

What piece of legislation enables citzens to gain information ?

A

The freedom of information act 2000

43
Q

What piece of legislation limits expression in the court room ?

A

The contempt of court act 1981 which may undermine the right to a fair trail article 6

44
Q

Give a case in the UK that shows political expression

A

R (on the application of pro Life Alliance) v BBC- this case showed that The legitimate aim of the BBC to protect public morals outweighed the right to freedom of expression.

45
Q

Name a case in the UK that shows public protests.

A

R (on the application of Laporte) v Chief Constable of Gloucestershire Constabulary- There was a braech of article 10 an 11

46
Q

Name a case that shows the balance between article 10 and article 8 in the UK.

A

Campbell v MGN Ltd - Violation of article 8 and 10

Human Rights (12 decks)

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