Article 8 ECHR

What is set out in Article 8?

The right to a private life, family life, home, correspondence.

what does the state have?

a positive obligation to ensure these rights are protected.

Can there be interference by the state?

There can be interference but it must be necessary in a democracy and meet a legitimate aim.

It must be proportionate and in accordance with the law.

What is meant by a qualified right?

Article 8 can be limited in certain situations, for example:

• national security

• public safety

• economic well being

• prevention of disorder or crime

• protection of health or morals

• protections of the rights and freedoms of others.

What is meant by a Private life?

Private life has a wide meaning, including:

• Sex life

• gender

• names (johannson)

• Office life (Niemietz)

• touching of the body (Wainwright)

Case of Campbell

in the case of campbell, the right to a private life had to be balanced with article 10. Neither 8 nor 10 takes precedence over the other.

What is meant by Family Life?

The right to enjoy family relationships without interference from the state.

When can the right to a family life be resticted?

In abuse cases or care proceedings

Case of Johannsen

The courts consider the best interest of the child.

What is meant by Home

This does not mean a person has a right to a house (mcDonald)

A citizen has the right to enjoy their house peacefully.

What is meant by Correspondance?

This includes:

• Texts

• phone calls

• emails

• letters.

Most likely to be restricted in cases of national security.

Case of Barbulescu

At work, the right to a private life is reduced. Most firms allow some personal internet use but they must have clear policies.

Case of Von Hannover

Children have a greater right to a private life.