Paper 3.4a - Article 8

Question 1

What are the four rights set out in Article 8?

Answer 1

Right to:
- Private life
- Family life
- Home
- Correspondence

Question 2

The state must respect Article 8. What does this mean?

Answer 2

The state should not interfere and make positive steps to protect Article 8 rights.
(Sheffield and Horsham - trans woman in prison)

Question 3

According to Article 8, the state has a positive obligation to ensure that rights are protected. It states any interference must be what? (4)

Answer 3

• In accordance w/ law
• must be necessary for democracy
• meet a legitimate aim (under the lawful qualified right limits)
• proportionate

Question 4

Article 8 is a qualified right. What are the 6 lawful limits on qualified rights?

Answer 4

• National security
• Public safety
• Prevention of crime and disorder
• Protection of health and morals
• Protection of rights of others
• Economic well-being

Question 5

The right to a private life has wide coverage to a lot of subjects. What are the five aspects to the right to a private life and the cases that match them (if applicable)?

Answer 5

• sex life
• gender
• name (Johannson - Axl Mick)
• office (Niemetz - lawyer office raided)
• touching of the body (Wainwright - Unlawful strip search)

Question 6

In terms of Article, what was the case of Campbell responsible for?

Answer 6

It stated that Article 8 must be balanced with Article 10 (freedom of expression) and that neither should have precedence.

Question 7

Which group have a greater right to a private life? What is a case example of this?

Answer 7

Children ; (Von Hannover - Princess of Monaco & Kids ) (PJS - Elton John)

Question 8

The right to a family life ensures what?

Answer 8

People can lead family lives without interference from the state.

Question 9

The right to family life applies to what familial connections?

Answer 9

e.g. parent/child, grandparent/child, foster parent/child.
Other relationships such as sibling/sibling must have additional elements of dependence.

Question 10

The right to a family life can be restricted in what kinds of cases? What is a case example of this?

Answer 10

Abuse / neglect – Johannsen.

Question 11

The right to a home means what? What is a case example of this?

Answer 11

People have the right to enjoy their home peacefully.
McDonald.

Question 12

The right to correspondence refers to what?

Answer 12

People have the right to uninterrupted and uncensored communication with others.

Question 13

Name a case example of when the right to correspondence was applicable.

Answer 13

Barbalescu or Watson.