Article 8 - right to resepct for private and family life

What kind of right is it ?

A qualified right

What does it protect ?

Citizens freedom to peruse activities, within reason, without state interferance

What are the four elements of personal autonomy it protects

1. Private life

2. Family life

3. Home

4. Correspondence

Family life

Means a persons right to enjoy/conduct their family relationships without interference by the state

Family life includes

Rights to naming children, sexual activity, being in married or unmarried, having children within or out of marriage, allowing families seeking immigration or settlement to live together until status is granted

Case for however special regard and protection may be given towards the rights of children

Gaskin

Private life

Wide, inclusive definition definition of private life as given by he ECHR - meaning the right to live their own life in a way they choose to do so in private

Case for wide, inclusive definition of private life

Pretty v UK

Right to private life also includes their…

• Sexuality,

• gender,

• reputation and name,

• personal data

• appearance

• Physical and psychological integrity

There is no violation of A8 where……

Media interferes with an individual’s rights by publishing unauthorised photographs if it was in the public’s interest

Why is media public unauthorised pictures not a violation

Since the right to privacy has to be balanced with the freedom of press under A10 and public interest vs the privacy of the person

Case for must be balanced with freedom of press

Douglas

Home

A persons right to access and occupy their home without interferance from public authorities

Home includes…

Therefore people cannot be evicted without just cause and includes peaceful enjoyment of one’s home without noise or pollution

Case for enjoyment of ones home without noise or pollution

Hatton

Case for this does not guarantee right to a home

Novoselestky

Correspondence

Respect of a persons post, email, phone calls ect

Under 8(2)

Any limitation to this right must be in correspondence with the law and be a legitimate aim

The legitimate aims that permit restriction of A8 are…..

• Benefits national security or public’s safety

• Prevents disorder or crime

• Protects the health or morals of its citizens

• Protect the rights or freedoms of others

However A8 is breached where……

Police retain the individual’s DNA evidence indefinitely since this oversteps the margin of appreciation of retaining evidence and is a disproportionate interferance

Case for when A8 is breached when police retain an individual’s DNA evidence indefinitely

Gaughran