article 8 The Right To Respect For Family And Private Life Flashcards

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1
Q

what does article 8 state

A

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

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2
Q

sc1 family life

A

the right to respect a persons choices of how they conduct their sexuality/ marriage/ children

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3
Q

agyarko and ikuga v sos
family life

A

applicants were refused remaining in uk as there was no reason they couldnt continue their relationships outside of the uk

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4
Q

sc1 private life

A

a right to a private life includes a persons physical and psychological integrity

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5
Q

sex life and gender
private life

A

goodwin v uk- preventing transexuals from marrying breached article 8
sheffield and horsham v uk- article 8 is a living intrument

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6
Q

surveillance
private life

A

hardford v uk- listening to telephone conversations is a breach of article 8

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7
Q

personal data
private life

A

s and marper v uk- dna samples kept by the police when found not guilty was a violation of article 8

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8
Q

private life other cases

A

peck v uk- cctv images published breached privacy
mengesha v uk- images taken exiting a kettle breached privacy
murray v express newspaper-photos of JK Rowlings kids breached privacy
Police searches- gillan v Quinton- may be justified to prevent crime

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9
Q

criteria for private life

A

richards v bbc criteria confirmed criteria from hanover v germany
attributes of claimaint
Nature of activities engaged in
place
circumstances information came into publisher

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10
Q

home life

A

right to enjoy your home without interference from public authorities
Connors v uk- caravans are home

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11
Q

correspondence

A

Right to respect for a persons communications
included telephone convos, texts, emails, fax, letters

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12
Q

article 8 sc2

A

this right can be restricted if
a. is in accordance with law
b. necessary
c. for a legitimate aim

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13
Q

legitimate aims

A

national security
public safety
prevent crimes
protect the health and morals of the public
protect the rights and freedom of others

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14
Q

suing

A

if article 8 is breached the c must sue under the tort of missuse of information
Campbell v MGN

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15
Q

pjs v news group

A

nether article 8 or article 10 takes precedent over the other

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16
Q

Children

A

The decision by the state to remove children into care must be done proportionately
Johanssn v Norway- contact with parents stopped when adopted was a violation

17
Q

Uk law- harassment act

A

Criminal offence to pursue conduct amounting to harassment
Including outing victim in fear of violence
Injunctions and damages can be awarded

18
Q

Uk law- malicious communications act

A

Sending letters etc which convey grossly offensive messages is cyber bullying as it causes distress