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Law- Human Rights > Article 8 Evaluation > Flashcards

Article 8 Evaluation Flashcards

1
Q

I- What is Article 8?

A

The right to respect for family, private life, home and correspondence.

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2
Q

I-Proportionality

A

Balance between individual and community.

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3
Q

I-Margin of appreciation

A

Amount of discretion the ECHR will give state.

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4
Q

I-Living instrument principle

A

State has positive obligation to review law and change if necessary.

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5
Q

I-Living instrument principle case

A

Sheffield

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6
Q

Qualified right A01

A

Need to strike a balance between rights of individual and community.

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7
Q

What is a qualified right usually balanced with?

A

Article 10

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8
Q

Qualified right A03 Positive

A

Balance rights of individual with community.
Check state interference is proportionate with margin of appreciation.
Keep law under review with living instrument.

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9
Q

Qualified right A03 Negative

A

Several reasons it can be restricted.
Often in conflict with other rights.
Court has to use proportionality and decide on facts which can be contradictory.

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10
Q

Family Life A01

A

Includes various types of family relationships.
Right of a child will always be paramount.
Removing a child from family needs to be proportionate.

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11
Q

Removing a child from family needs to be proportionate case

A

Johansen

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12
Q

Family life A03 Positive

A

Wide definition and under living instrument so recognise families take different forms.
Right seen as important so protected.
HRA principles of Human dignity and freedom are protected.

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13
Q

Recognise families take different forms example

A

Same sex marriages

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14
Q

Right seen as important so protected

A

Johansen

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15
Q

Family life A03 negative

A

Having boyfriends did not stop uk refusal of application of two woman living in the Uk illegally.
State has power to take children which the ECHR does not intervene with.

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16
Q

refusal of application of two woman living in the Uk illegally case

A

agyrako

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17
Q

Private life A01

A

Includes photographic images and personal data.
Includes phone conversations.
Includes Medical records.

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18
Q

Photographic images and personal data

A

Gillian

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19
Q

Phone conversations

A

Halford

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20
Q

Medical records

A

Axon

21
Q

Private life A03 positive

A

Wide definition lots of protection to individuals.
Many of Uk and ECHR cases protect right and are quick to find a violation.
Acts of parliament protect the right.

22
Q

Acts of parliament protect the right

A

Axon
Data protection

23
Q

What does Axon protect?

A

Medical data

24
Q

What does Data protection protect?

A

Personal data

25
Q

Private life A03 Negative

A

Cases highlight there could still be an improvement.
No comprehensive definition or general right to privacy.
Celebrities have benefited more than the public.

26
Q

What case highlights private life could be improved?

A

Marper

27
Q

What happened in Marper?

A

DNA samples held by police of people never charged with offence.

28
Q

Correspondence A01

A

Includes telephone conversations, text, email.
Investigatory powers act 2016 allows state hacking and surveillance for public safety.

29
Q

Investigatory powers act 2016 example

A

Snoopers charter

30
Q

Correspondence A03 Negative

A

Investigatory powers act 2016 allows hacking and surveillance which is deemed as a breach of Art8.
GCHQ monitor millions of communications and share with USA.
ECHR rarely intervene.

31
Q

Correspondence A03 Positive

A

Effectively balances rights between individuals and the way community deals with correspondence.
Access items by using 3 requirements in Art8(2)
Strict uk laws argue need to protect from potential terrorists.

32
Q

What are the three requirements in Art8?

A

In accordance with law
Meet a legitimate aim
Necessary in a democratic society

33
Q

Accordance with law example

A

Data protection

34
Q

Accordance with law case

A

Germany

35
Q

Meet a legitimate aim example

A

National security

36
Q

What does it mean for something to be necessary in a democratic society?

A

Proportionate
Margin of appreciation

37
Q

What did Lord Walker say about family life?

A

Words are unclear so rights developed from article could be seen as ‘volatile and abstract’

38
Q

How is private life established?

A

On a case law basis so key areas can be set out.

39
Q

Case law basis case

A

Pretty

40
Q

No general right to privacy case

A

Peck

41
Q

Celebrities have benefited more than the public case

A

Campbell

42
Q

Many of UK and ECHR cases protect right and are quick to find a violation case

A

Handyside

43
Q

National security A01

A

IPA
Wide scope

44
Q

IPA scope

A

Snooper’s charter

45
Q

National security A03 Positive

A

State is able to protect from terroritsts.

46
Q

State is able to protect from terrorists case

A

Ripper

47
Q

National security A03 Negative

A

Rarely intervene
Too much power to state
Failed to take into account the discriminatory impact of facial recognition.
Wide national security leaves citizens not properly protected.

48
Q

Failed to take into account discriminatory impact of facial recognition case

A

South Wales

Law- Human Rights (24 decks)

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