Article 8 The right to family, home, correspondence, interests and remedies Flashcards
Definition
Right to enjoy family relationship without state interference.
Kroon
Violation of Art8 by not allowing a mother to grant paternity to her husband.
Yousef
Child must be the paramount consideration
Johansson
Breach of Art8 for not allowing a woman the freedom to name her child.
Marriage
Marriage is protected except from sham marriages.
Agarko
No breach as was not preventing family life the women could continue their marriages outside the uk.
The right to his home
Right to enjoy one’s home peacefully
Do the public have the right to own a home?
No
What is the limitations for the public authorities?
They are unable to enter someone else’s home without good reason.
Khatan
Allocation of leased accommodation to homeless person was unlawful.
Niemetz
Search of office breached Art8
Connors
Lack of procedural safeguard to eviction breached Art8.
The right to his correspondence
Right to uninterrupted and uncensored communication with others.
Golder
State must have legal justification and meet legitimate aim to interfere with private correspondence.
Barbulescu
Communications sent from and received at people’s workplaces are protected.
What does Art8(2) do?
Interests of national security or crime prevention
What is Art8(2) given?
A wide margin but must have legal basis and be proportionate.
What’s the police surveillance act?
Police Act 1997
Police Act 1997
Separate surveillance powers for the police.
What must the police have?
A warrant from a chief constable.
Andrew
Compensation as mobile phone data obtained without proper authorisation.
Klass
Secret surveillance protected the public and promoted freedom so wasn’t a breach.
Halford
Telephone calls intercepted held as breach of private life.
Wood
Dismissed appeal as taking photos was lawful.
