HRs - Arts 8 and 10 Flashcards
What is the purpose of Article 8 of the European Convention on Human Rights (ECHR)?
The key objective of Article 8 ECHR is to protect individual citizens against arbitrary interference in their private life. It aims to ensure freedom, autonomy, and the ability to lead and improve one’s life.
What does Article 8 of the European Convention on Human Rights protect?
Article 8 of the European Convention on Human Rights protects the interests of private life, family life, home, and correspondence.
What did the Court of Appeal hold regarding disclosure of convictions and cautions?
The Court of Appeal held that disclosure of convictions and cautions engaged article 8 because it could adversely affect a person’s ability to engage in aspects of their private life, including working and developing relations with others.
What case involved the Hatton family and the noise levels around Heathrow Airport?
The Hatton v UK (2002) 34 EHRR 1 case scrutinized government efforts to reduce noise levels around Heathrow Airport, which was negatively affecting the quality of life of the Hatton family.
How does the notion of ‘family life’ in Article 8 extend beyond marriage-based relationships?
The notion of ‘family life’ in Article 8 is not solely confined to marriage-based relationships. It may encompass other de facto ‘family ties’ where partners are living together outside of marriage.
What obligation did the government have in managing the noise levels around Heathrow Airport?
While the government was not directly responsible for the noise, it was seen to be under a positive obligation to manage it.
What is the distinction made by the court in cases involving racist comment or support of terrorism?
The ECtHR has generally provided a lower degree of protection for forms of expression that include racist comment or can be seen as supportive of terrorism, unless they promote or form part of a wider public debate. This distinction was observed in cases such as Brind and M Bala M Bala v France.
Under what circumstances can the state interfere with the rights protected by Article 8 of the ECHR?
According to Article 8(2) of the ECHR, the state can interfere with the rights protected by Article 8, but only if the interference is in accordance with the law, pursues one of the legitimate aims set out in Article 8(2), and is necessary in a democratic society. The principle of proportionality is infused into the jurisprudence of the ECHR to determine whether an interference is necessary in a democratic society.
In what situations might Article 8 be engaged in immigration cases?
Article 8 may be engaged in immigration cases when decisions by states to expel a person from a country or refuse to admit someone result in the separation of spouses or partners, or of parents and children. Although the Convention does not recognize a right to reside in a particular country, any action by a public authority that might disrupt the family unit may engage Article 8.
What is the principle of proportionality in relation to Article 8 of the ECHR?
The principle of proportionality is infused into the jurisprudence of the ECHR. It requires a fair balance between the demands of the general interest of the community and the protection of the individual’s fundamental rights. Interferences with Article 8 rights will be considered necessary in a democratic society if they answer a pressing social need and are proportionate to the legitimate aim pursued.
What was the reasoning behind rejecting Dieudonné’s claim of a breach of his article 10 rights?
Dieudonné, a French comedian, claimed that his conviction for causing public insults towards a group of persons based on religious or racial grounds represented a breach of his article 10 rights. However, his claim was rejected on the basis that he should not be able to rely on a set of rights in the Convention, based on democracy and non-discrimination, which he was effectively seeking to undermine and mock through a display of overt anti-semitism.
What case established that interceptions of postal and telephone communications by the police violated Article 8?
In Malone v UK (1985) 7 EHRR 14, the ECtHR held that interceptions of the applicant’s postal and telephone communications by the police for the purpose of the prevention and detection of crime violated Article 8. This was because English law did not indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities.
What was the ruling in the case of Abdulaziz, Cabales, and Balkandali v UK regarding the choice of matrimonial residence?
In the case of Abdulaziz, Cabales, and Balkandali v UK, the Court held that the duty imposed by Article 8 could not be considered as extending to a general obligation on the part of the state to respect the choice by married couples of their country of matrimonial residence and to accept non-national spouses for settlement in that country.
Can you provide examples of cases where Article 8 of the ECHR has been applied?
There have been various cases where Article 8 of the ECHR has been applied. For example, in Costello-Roberts v UK, the court considered that ‘private life’ covered a person’s ‘physical and moral integrity’. In Von Hannover v Germany, the ECtHR stated that Article 8 extended to aspects relating to personal identity. Other cases involve issues such as human dignity, sexual orientation, searches of the person, surveillance by the state, and family life.
What did the court find in the case of Halford v UK?
In Halford v UK (1997) 24 EHRR 523, telephone calls conducted from business premises were found to engage Article 8. The case of Copland v UK [2007] ECHR 62617/00 confirmed this and stated that monitoring of emails and internet usage by a public employer also engaged Article 8.
What was the ruling in the case of Jersild v Denmark?
In the case of Jersild v Denmark, the applicant, a journalist, interviewed members of a racist right-wing group who made abusive remarks about immigrant and ethnic groups in Denmark. The ECtHR held that the criminal measures taken against the applicant were disproportionate and that his news reporting based on interviews constituted one of the most important means whereby the press is able to play its vital role as a ‘public watchdog’.
What was the ruling in the case of Quila v Secretary of State for the Home Department regarding marriage visas?
In the case of Quila v Secretary of State for the Home Department, the Supreme Court held that a ban contained in the Immigration Rules on the grant of marriage visas, where either party to the marriage was under 21 years old, breached the right to family life guaranteed by Article 8. The ban was found to disproportionately impact a greater number of unforced marriages than forced marriages.
What does Article 8 of the ECHR protect in relation to private life?
Article 8 of the ECHR protects a person’s private life, which includes their physical and moral integrity. The concept of ‘private life’ has been given a wide meaning by the European Court of Human Rights (ECtHR), and it covers various aspects of personal identity and interactions with others, even in a public context.
What was the significance of the Goodwin v UK case?
In the case of Goodwin v UK, a journalist working for The Engineer magazine refused to disclose his source of confidential company information and was convicted of contempt of court. The ECtHR found that this was a violation of his article 10 right. The court emphasized the importance of protecting journalistic sources for press freedom and stated that disclosure of sources should only be justified by an overriding requirement in the public interest.
What rights do prisoners have regarding correspondence with their legal advisors?
The ECtHR has accorded a particularly high degree of protection to prisoners’ rights to communicate with their legal advisors. In Campbell v UK (1993) 15 EHRR 137, it was held that prison authorities may only open a letter from a lawyer to a prisoner when they have reasonable cause to believe that it contains an illicit enclosure which the normal means of detection have failed to disclose. The letter should only be opened and not read, and suitable guarantees should be provided to prevent the reading of the letter.
How does Article 8 of the ECHR relate to human dignity?
Respect for human dignity is a fundamental aspect of Article 8 of the ECHR. The ECtHR has stated that the ‘very essence’ of the Convention is respect for human dignity and freedom. Cases involving issues such as the reduction of care assistance and the right to die have been considered in relation to human dignity.
What common law right did Lord Bingham recognize in R (Daly) v Secretary of State for the Home Department?
Lord Bingham recognized a common law right to confidentiality over privileged legal correspondence. In the case, it was found that a blanket policy allowing cells occupied by prisoners to be searched in their absence violated this right
What legitimate aim can justify an interference with a person’s rights under Article 8?
One legitimate aim that can justify an interference with a person’s rights under Article 8 is national security. However, an assertion of national security will not automatically be accepted, and the ECtHR may scrutinize the proportionality of the interference.
Under what circumstances can personal searches be considered an interference with the right to respect for private life?
Personal searches of the body and belongings can be considered a prima facie interference with the right to respect for private life. In the case of R (Gillan) v Commissioner of Police of the Metropolis, the House of Lords held that ordinary superficial searches, such as those conducted at airports, did not amount to a violation of Article 8. However, the ECtHR held that there were insufficient safeguards in the domestic legislation to protect individuals against arbitrary interference with their Article 8 rights.
What is the legitimate aim of maintaining the authority and impartiality of the judiciary?
Maintaining the authority and impartiality of the judiciary is a legitimate aim that serves to uphold the role of the judiciary. However, it can cause tension with other constitutional ideals, such as the idea of open justice.
What did the Supreme Court find about the systems of data retention operating in the cases of R (Catt) and R (T)?
The Supreme Court ultimately found that the systems of data retention operating in the cases of R (Catt) and R (T) were essentially proportionate in seeking to fulfill the legitimate aim of crime prevention, although there were some differing opinions among the justices and dissent from Lord Toulson.
How does state surveillance relate to the right to respect for private life under Article 8 of the ECHR?
The use of state surveillance measures can interfere with the right to respect for private life under Article 8 of the ECHR. In Khan v UK, the ECtHR asserted that the use of surveillance measures would only be considered ‘in accordance with the law’ if a clear statutory framework existed. The Regulation of Investigatory Powers Act (RIPA) 2000 provides such a framework in the UK.
