article 8

Question 1

what is article 8?

Answer 1

• Everyone has the right to respect for his private and family life, his home and his correspondence.
• There shall be no interference by a public authority with the exercise of this right except such as is 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, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Question 2

protecting individuals from intrusion

Answer 2

smith and grady vs uk 2000

Question 3

smith and grady v UK 2000

Answer 3

The Government conceded that there had been an interference with the applicants’ right to a private life under Article 8 of the ECHR. The Government submitted that, given the serious and reasonable basis and aim of their policy (maintaining the fighting power and operational effectiveness of the armed forces) and the absence of any intention to degrade or humiliate, there was no violation of Article 3 of the ECHR. The Court concluded that neither the investigations conducted into the applicants’ sexual orientation, nor their discharge on the grounds of their homosexuality in pursuance of the Ministry of Defence Policy, were justified under paragraph 2 of Article 8 of the ECHR. The Court held that Article 8 of the ECHR was violated.
The Government maintained that freedom of expression was not an issue in these cases and hence Article 10 of the ECHR was not violated.

Question 4

private life and limitations in society

Answer 4

gough v uk 2015

Question 5

competition of article 8 rights

Answer 5

evans v uk 2008
- IVF treatment, one wanted to destroy eggs and other wanted to keep. Ms Evans claimed that the provisions of the law, which permitted Mr J. to withdraw his consent after the fertilisation of her eggs with his sperm, violated her right to respect for private and family life under Article 8 of the Convention. The Court emphasized that the right to private life encompasses the right to respect for both the decisions to become and not to become a parent. In Court’s view, also the applicant’s wish to keep the particular fertilised eggs and use them to give a life to a child who is genetically related to her (which would otherwise be impossible) falls within the scope of private life. Court decided no violation of human rights.

Question 6

art 8 vs art 10 - mosley vs uk 2011

Answer 6

• The Court concluded that the right to private life [protected by Article 8] does not require a legally binding pre-notification requirement of a publication. Thus no violation of the applicant’s right to private life was found.