Article 8 A01 Flashcards
Type of right
Qualified right
Article 8(1)
Everyone has the right for his:
-private life
-family life
-home
-correspondence
Family includes
-children
-grandchildren
-adoptive & fostered
-divorce
-close family ties
-married couples
-cohabiting unmarried couples
Schalk v Austria
same-sex couples included in family
Johansen v Norway
-rights of a child will always be paramount
-removing a child from a family needs to be proportionate
Johnsson v Finland
-refusal to register the name Axl was a violation
Private life (case)
Botta v Italy - includes physical and psychological integrity
What is meant by physical and psychological integrity
(cases)
-sex life
-gender
-reputation
-name
-photographic images → Campbell v MGN, Murray v Express Newspaper
-personal data
Gillan and Quinton v UK
extended police powers under s.44 of the Terrorism Act to stop and search without reasonable suspicion, here was used disproportionally and was a violation
Halford v UK
surveillance with no legal basis = violation
Axon v SoS Health
medical data of anybody Gillick competent is confidential
S and Marper v UK
indefinitly storing DNA violated private life
Home includes
-permanent homes
-second homes
-rent/own property
-lawfully parked caravans
Price v Leeds
no violation in relation to eviction if proper procedure is followed
Connors v UK
no proper opportunity to challenge the eviction and no proper safeguards = violation
Niemetz v Germany
home includes office or workplace
Correspondence
includes:
telephone conversations
text
fax
letters
Article 8(2)
to intefer it must be
prescribed by law, have a legitimate aim and be necessary in a democratic society
prescribed by law
legal basis to interfere (refer to UK law or common law)
legitimate aim
national security or public safety
prevention of disorder or crime
protection of health or morals
for the protection of the rights and freedoms of others
necessary in a democratic society
margin of appreciation (wide or narrow) → Laskey v UK
proportionality
