Article 8: Right to Respect for Private and Family Life

Flashcards based on key concepts and cases related to Article 8 of the European Convention on Human Rights.

What does Article 8 of the European Convention on Human Rights state regarding private and family life?

Everyone has the right to respect for his private and family life, his home, and his correspondence.

What are the only justifications for interference by a public authority with Article 8?

Interference must be in accordance with the law and necessary in a democratic society for reasons such as national security, public safety, or the economic wellbeing of the country.

Which case established the necessity and proportionality tests for public authority interference?

Sunday Times v. UK (1979) established that restrictions must be carefully justified.

What does the case X and Y v. Netherlands (1985) illustrate regarding positive obligations?

It emphasizes the state's positive obligations to protect individuals from sexual violence.

In the case of A, B and C v. Ireland (2010), what was the violation determined by the ECHR?

There was a violation of Article 8 regarding C, who was carrying a fetus with serious abnormalities.

What is the significance of the case Fadeyeva v. Russia (2005) concerning environmental harm?

The ECHR ruled that pollution infringed on private life, establishing that states have a duty to reduce pollution.

What primary rights does Article 8 protect according to the European Convention?

It protects individuals' private and family life, home, and correspondence from arbitrary interference.

What was determined in the case of Paradiso and Campanelli v. Italy (2017) regarding surrogacy?

The ECHR found no violation of Article 8 as there was no legal or biological link between the couple and the child.

What does the case of López Ribalda v. Spain (2019) address regarding workplace surveillance?

It ruled that the use of hidden surveillance did not violate the employees' right to privacy under Article 8.

What are the conditions under which a state can interfere with the right to private and family life?

Interference must pursue a legitimate aim, be necessary in a democratic society, and proportionate.