ECHR Article 8 Flashcards
1
Q
What does Article 8 protect?
A
Private and family life, home and correspondence
2
Q
What are the requirements for interference with Article 8
A
- Prescribed by law
- In pursuant of legitimate aim and
- Necessary in democratic society
3
Q
What situations will the right to private life be relevant?
A
- sexual orientation
- search of the person if not prescribed by law
- state surveillance if no necessity/proportionality/authority
4
Q
Are states required to accept non-national spouses under Article 8?
A
No
5
Q
What is the starting point for the right to a home?
A
protecting from invasion and intrusion
6
Q
What can the right to a home also apply to?
A
situation where person has become accustomed to
free from noise/nuisance
7
Q
What are the rules on prisoners communications?
A
- May only open letter if reasonable cause to believe it contains illicit enclosure
- Should only be opened, not read, with safeguards eg in front of prisoner
- Actual reading only if reasonable cause to believe privilege is being abused
8
Q
What are the legitimate aims for interfering with article 8?
A
- National security
- Public safety or economic wellbeing
- Prevention of disorder/crime
- Protection of health/morals
- Protection of rights/freedoms
9
Q
When will retention of records by the police be seen as a violation of article 8?
A
If disproportionate to legitimate aim
