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LAW 3 > article 8 > Flashcards

article 8 Flashcards

protection, interference and action

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1
Q

What does article 8 protect

A

private life, home life, family life, correspondence

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2
Q

What is meant by positive obligation

A

the need to actively work to uphold privacy

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3
Q

Give an example of positive obligation

A

making sure the law is up to date

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4
Q

What case shows the need for positive obligation

A

sheffield and horsham v uk

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5
Q

What happened in sheffield and horsham v uk

A

the ECtHR criticised lack of uk effort to reform the law on gender reassignment surgery as it wasn’t recognised

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6
Q

What did the case of sheffield and horsham v uk result in

A

the gender recognition act 2004, the marriage (same sex) act 2013

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7
Q

The gender recognition act 2004

A

allows post operation transgender the right to apply for new gender recognition

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8
Q

The marriage (same sex) act 2013

A

allows transgender people to marry

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9
Q

What five things does private life cover

A

physical and psychological integrity, sex life and gender, personal data, reputation, names and phones

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10
Q

What case shows gender discrimination breaches article 8

A

halford v uk

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11
Q

What happened in halford v uk

A

claimant claimed that there was a refusal to promote due to gender, furthemore there was alleged interception of home communication

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12
Q

What is the rule regarding children and the right to privacy regarding medical data

A

gillick competence: young people need parents to access until the point of emotional maturity where they are able to make own decisions

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13
Q

What case showed that children have the right to privacy once they reach gillick competence

A

axon v secretary of state for health

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14
Q

What happened in axon v secretary of state for health

A

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

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15
Q

What case shows that gender identity and sexuality is covered under article 8

A

ab v secretary of state for justice

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16
Q

What happened in ab v secretary of state for justice

A

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

17
Q

What criminal data is protected under private life

A

any criminal record, including being added to a register such as sex offenders

18
Q

What case shows that sexual offences act 2003 requirements are incompatible with the law

A

f and thompson v secretary of state of the home department

19
Q

What happened in f and thompson v secretary of state of the home department

A

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

20
Q

What is included under family life

A

living with family
allowing contact
unmarried couples
adoptive families
foster families

21
Q

What is special about the rights of a child

A

they take precedent and outweigh the rights of an adult

22
Q

What case shows that child’s rights outweigh adults

A

johannsen v norway

23
Q

What happened in the johannsen v norway case

A

parents opposed adoption and interference by state, but the mother was subjected to domestic violence so the child’s safety and rights were prioritised

24
Q

What is included under home life

A

peacefully exist where you reside, not be stopped living without a good reason, can stop others entering home

25
Q

What case shows that only the state can breach home life

A

macdonald v macdonald

26
Q

What macdonald v macdonald

A

purchased home for daughter but defaulted on mortgage so daughter evicted

27
Q

What is included under correspondence

A

all communication, includes emails, social media makes more difficult

28
Q

What case shows correspondence must only be for no reason

A

barbulesco v romania

29
Q

What happenened in barbalesco v romania

A

used company messenger account to send personal messages

30
Q

What case shows data that leads to clear conclusions about the person should be treated as private information

A

tele2sveirge and watson

31
Q

What happened in tele2sveirge ad watson

A

data should only be taken for investigating serious crimes.

32
Q

What are the Von Hannover principles

A
  • general interest
  • is person notorious
  • what is prior conduct
  • how is material published
  • in what circumstance was it taken
33
Q

What three things must be establish to interfere with article 8

A

lawful, necessary, proportionate

34
Q

Define lawful

A

must be outlined in legitimate law

35
Q

What case defined neccessary

A

guardian v uk

36
Q

What does guardian v uk define neccesary as

A

a pressing social need

LAW 3 (3 decks)

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