Article 8: The Right To Respect For Family And Private Life

Question 1

Article 8 Section 1

Answer 1

Everyone has the right to respect for his private and family life, his home and his correspondence

4 rights are:

• Family Life
• Private Life
• Home
• Correspondence

Question 2

What type of right is Article 8?

Answer 2

A qualified right

Question 3

Article 8 (2)

Answer 3

Sets out when the right can be limited:

• In accordance with Law
• Meet a legitimate aim; and
• Necessary in a democratic society

Question 4

What is considered necessary when restricting Article 8:

Answer 4

• National Security
• Public safety or economic well-being of the country
• Prevention of disorder or crime
• Protection of health or morals
• Protection of rights and freedoms of others

Question 5

Article 8 Margin of Appreciation and all Articles

Answer 5

This is the amount of discretion that the ECtHR gives the state in their interpretation of the convention. It realises that what is tolerated in one state may not be in another.

Question 6

How has the ECtHR defined Family life?

Answer 6

The ECtHR has defined ‘family life’ to include different types of family relationships including; children, grandchildren, adoptive and foster relationships, relationships after divorce, other relations with close family ties, matted couples and cohabiting unmarried couples and same-sex couples

Question 7

How does the EctHR protect children

Answer 7

The decision to remove a child from their family and put them in care mst be done proportionality as there is a wide margin of appreciation in these cases. The state is obliged to facilitate contact between parents and their child when it is in the interest of the child. The rights of the child will be paramount

Question 8

Private life includes:

Answer 8

• The physical and psychological integrity of a person
• Sex life and gender
• Personal data
• Reputation
• Names

Question 9

When will a police search be a justified interference with a persons right to a private life?

Answer 9

Police searches may be justified if the aim of the state is to prevent crime or uphold national security. Any interference must have a legal basis and be proportionate.

Question 10

What other Article overlaps with Article 8?

Answer 10

Article 10: Freedom of Expression