article 8 The Right To Respect For Family And Private Life

Question 1

what does article 8 state

Answer 1

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

Question 2

sc1 family life

Answer 2

the right to respect a persons choices of how they conduct their sexuality/ marriage/ children

Question 3

agyarko and ikuga v sos
family life

Answer 3

applicants were refused remaining in uk as there was no reason they couldnt continue their relationships outside of the uk

Question 4

sc1 private life

Answer 4

a right to a private life includes a persons physical and psychological integrity

Question 5

sex life and gender
private life

Answer 5

goodwin v uk- preventing transexuals from marrying breached article 8
sheffield and horsham v uk- article 8 is a living intrument

Question 6

surveillance
private life

Answer 6

hardford v uk- listening to telephone conversations is a breach of article 8

Question 7

personal data
private life

Answer 7

s and marper v uk- dna samples kept by the police when found not guilty was a violation of article 8

Question 8

private life other cases

Answer 8

peck v uk- cctv images published breached privacy
mengesha v uk- images taken exiting a kettle breached privacy
murray v express newspaper-photos of JK Rowlings kids breached privacy
Police searches- gillan v Quinton- may be justified to prevent crime

Question 9

criteria for private life

Answer 9

richards v bbc criteria confirmed criteria from hanover v germany
attributes of claimaint
Nature of activities engaged in
place
circumstances information came into publisher

Question 10

home life

Answer 10

right to enjoy your home without interference from public authorities
Connors v uk- caravans are home

Question 11

correspondence

Answer 11

Right to respect for a persons communications
included telephone convos, texts, emails, fax, letters

Question 12

article 8 sc2

Answer 12

this right can be restricted if
a. is in accordance with law
b. necessary
c. for a legitimate aim

Question 13

legitimate aims

Answer 13

national security
public safety
prevent crimes
protect the health and morals of the public
protect the rights and freedom of others

Question 14

suing

Answer 14

if article 8 is breached the c must sue under the tort of missuse of information
Campbell v MGN

Question 15

pjs v news group

Answer 15

nether article 8 or article 10 takes precedent over the other

Question 16

Children

Answer 16

The decision by the state to remove children into care must be done proportionately
Johanssn v Norway- contact with parents stopped when adopted was a violation

Question 17

Uk law- harassment act

Answer 17

Criminal offence to pursue conduct amounting to harassment
Including outing victim in fear of violence
Injunctions and damages can be awarded

Question 18

Uk law- malicious communications act

Answer 18

Sending letters etc which convey grossly offensive messages is cyber bullying as it causes distress