Article 8 Flashcards
Pretty v UK
Private life is - “physical and social identity, gender identification, name, sexual orientation and personal development”
Physical and social identity
Botta - not beach ramps, but does say includes psychological and physical wellbeing
Pretty - allow personal autonomy
Bensaid - crucial part of private life
SEX LIFE AND GENDER
Dudgeon - s.11 criminal ammendments act, criminalised homosexual acts
Goodwin- restriction on transgender individuals is breach
Bellinger - new gender
Personal data
S&Marper - indefinite retention of DNA
MS v Sweden - confidentiality of health data
Wood v Comissioner of police - retain photos of protestors
Axon - gillick competence
Names
Johansson v Finland - private unless leads to prejudice
Reputation
In public interest v of interest to public
Sir cliff richard
Balance between a10 (press and expression) v a8 (private and family)
Campbell - narcotics anonymous
case by case unique
Van Hannover - debate of public interest
peck - cctv
Weller - family
Kroon
legal shouldnt override biological family
Lebbink
Family is broad and includes close links
Marckx
Children and grandchildren
Berrehab
Family after divorce
Kamal
Cohabiting heterosexual couples
x
Foster relationships
schalk and kopf
same sex
Family life
Right to enjoy family life without state interference, including right to live with family
Gaskin
Unmarried couples, adopted children, adoptive parents, foster parents, foster children are all ‘family’ for purposes of A.8
