article 8 Flashcards
protection, interference and action
What does article 8 protect
private life, home life, family life, correspondence
What is meant by positive obligation
the need to actively work to uphold privacy
Give an example of positive obligation
making sure the law is up to date
What case shows the need for positive obligation
sheffield and horsham v uk
What happened in sheffield and horsham v uk
the ECtHR criticised lack of uk effort to reform the law on gender reassignment surgery as it wasn’t recognised
What did the case of sheffield and horsham v uk result in
the gender recognition act 2004, the marriage (same sex) act 2013
The gender recognition act 2004
allows post operation transgender the right to apply for new gender recognition
The marriage (same sex) act 2013
allows transgender people to marry
What five things does private life cover
physical and psychological integrity, sex life and gender, personal data, reputation, names and phones
What case shows gender discrimination breaches article 8
halford v uk
What happened in halford v uk
claimant claimed that there was a refusal to promote due to gender, furthemore there was alleged interception of home communication
What is the rule regarding children and the right to privacy regarding medical data
gillick competence: young people need parents to access until the point of emotional maturity where they are able to make own decisions
What case showed that children have the right to privacy once they reach gillick competence
axon v secretary of state for health
What happened in axon v secretary of state for health
the mother wanted access to child’s medical records regarding contraception, but as the child had reached gillick competence it was decided the mother had no right
What case shows that gender identity and sexuality is covered under article 8
ab v secretary of state for justice
What happened in ab v secretary of state for justice
claimant was recognised as a women under gender recognition act but was unable to qualify for surgery until had lived as a women but was denied access to a female prison
What criminal data is protected under private life
any criminal record, including being added to a register such as sex offenders
What case shows that sexual offences act 2003 requirements are incompatible with the law
f and thompson v secretary of state of the home department
What happened in f and thompson v secretary of state of the home department
for 30 months, it is subject to keep police informed of address and travel, argued for breach as no right to review and it was decided this was incompatible with the law
What is included under family life
living with family
allowing contact
unmarried couples
adoptive families
foster families
What is special about the rights of a child
they take precedent and outweigh the rights of an adult
What case shows that child’s rights outweigh adults
johannsen v norway
What happened in the johannsen v norway case
parents opposed adoption and interference by state, but the mother was subjected to domestic violence so the child’s safety and rights were prioritised
What is included under home life
peacefully exist where you reside, not be stopped living without a good reason, can stop others entering home
What case shows that only the state can breach home life
macdonald v macdonald
What macdonald v macdonald
purchased home for daughter but defaulted on mortgage so daughter evicted
What is included under correspondence
all communication, includes emails, social media makes more difficult
What case shows correspondence must only be for no reason
barbulesco v romania
What happenened in barbalesco v romania
used company messenger account to send personal messages
What case shows data that leads to clear conclusions about the person should be treated as private information
tele2sveirge and watson
What happened in tele2sveirge ad watson
data should only be taken for investigating serious crimes.
What are the Von Hannover principles
- general interest
- is person notorious
- what is prior conduct
- how is material published
- in what circumstance was it taken
What three things must be establish to interfere with article 8
lawful, necessary, proportionate
Define lawful
must be outlined in legitimate law
What case defined neccessary
guardian v uk
What does guardian v uk define neccesary as
a pressing social need
