ECHR Flashcards
Flashcards on the ECHR section of the exam.
What is Article 8 of the ECHR about?
The Right to Respect for Private and Family Life.
What does the case of X v Iceland (1976) show?
Shows that everyone has the right to establish and develop relationships with other human beings.
What case shows that everyone has the right to establish and develop relationships with other human beings?
X v Iceland (1976)
What does the case of Niemietz (1993) show?
That everyone has the right to establish and develop relationships in professional life.
What case shows that everyone has the right to establish and develop professional relationships?
Niemietz (1993)
What does the case of Peck v UK (2003) show?
That certain incidents which take place in public can still fall within someone’s private life and for which they can have a reasonable expectation of privacy.
What case shows that certain incidents which take place in public can still fall within someone’s private life and for which they can have a reasonable expectation of privacy?
Peck v UK (2003)
What does Article 8 mean in respect of homes?
Right of privacy in a home, but not guaranteed the right of a home. Also a requirement to protect homes.
What does the case of Selcuk and Asker v Turkey (1998) show?
That unjustified destruction of a home is illegal.
What case shows that the unjustified destruction of a home is illegal?
Selcuk and Asker v Turkey (1998)
What does the case of Cyprus v Turkey (2002) show?
That refusing people to return to their homes is illegal/
What case shows that refusing people to return to their homes is illegal?
Cyprus v Turkey (2002).
What are positive obligations?
Positive obligations in human rights law denote a State’s obligation to engage in an activity to secure the effective enjoyment of a fundamental right
What are negative obligations?
Negative obligations are when states merely abstain from human rights violations.
What does the case of Dickson v UK show?
That a balance must be struck between the interests of the individual and the interests of the community. There is no precise definition between the State’s positive and negative obligations and as such must be dealt with on an individual basis.
