article 8

Question 1

what is a8

Answer 1

the right to a private and family life and home and correspondance,

Question 2

8(1) & (2)

Answer 2

8(1)>1 private life - physical gender, psychological integrity of a person, sex life and gender, personal data.
>family life - it covers all types of families
>home - access to the home and the right to live in it
>correspondance - all forms of communications are included-letters, emails, texts, whatsapp

8(2)> it is a qualified right therefore there shall be no interference by a public authority with the exercise of this right unless necessary in the interests of national security, public safety & economic welbeing

Question 3

A8 cases

Answer 3

private life- niemietz v germany: police searched lawyers office in effort to identify suspect-‘private life’ defined as a right to establish & develop relationships with other human beings.’ this included being at work
family life- johannsen v norway: child was being adopted despite parents’ opposition. mother was v of domestic violence & lived chaotic lifestyle-court held that paramount concern was whatever was in best interests of the child
home- khatun v UK: dust from building work polluted K’s home- it didnt matter if he owned a property or occupied it, breach.
correspondance- klass v germany: c objected to police surveilance that involved mail opening and telephone tapping-this was allowed under ECHR, as long as it was used to protect public safety or promote freedom of others

Question 4

A8 evaluation

Answer 4

p- qualified right, it can be limited by the state in the interests of public safety, national security, economic wellbeing
d- however it can be wrongly limited in some cases
E- if it is breached although they can change the law in the future they can’t go back and not breach your right to a private life

p-HR can be derrogated in an emergency. they don’t have to respect your right if is in an emergency. it is unclear which rights can be limited +
d- parliament decides whether or not it is an emergency
e-therefore it is open to abuse.

p-you have to exhaust the uk court process before you can make a claim of a breach of your HR in the EctHR
dev-takes time and money and you must be aware of your rights if they have been breached
e-when decision is made it is made by an unelected judge and they may not even be from the UK.

p-right to sex life
dev-r v brown and others, sadomasochistic activity-can’t consent to horseplay
e-their right to sex life was arguably breached