Article 8

Question 1

What is Article 8?

Answer 1

Right to respect for family & private life

Question 2

What does Article 8(1) say?

Answer 2

Everyone has the right to respect for their private and family life, their home and correspondance

Question 3

Is Article 8 a qualified right?

Answer 3

Yes

Question 4

What does a qualified right mean?

Answer 4

It cannot be limited

Question 5

What are the 4 protected interests of article 8?

Answer 5

• Private Life
• Family Life
• Home
• Correspondance

Question 6

What is the ‘Living Instrument Principle’?

Answer 6

Article 8 is a negative right, but has always been interpreted to give the state positive obligations to protect a person’s right and take steps to keep the right under review. The meaning is still expanding.

Question 7

What does private life include?

Answer 7

Sex life, personal data, reputation etc..

Question 8

Private life cases:

Answer 8

• Peck v UK
• Pretty v UK

Question 9

What is the Gillick test?

Answer 9

If the child has enough intelligence, competence and understanding to be truly informed about their treatment they are conspired Gillick competent

Question 10

Name restrictions under private life

Answer 10

If a name negatively impacts a child in the future, it has the right to be denied. Not allowed obscenities, numerals or misleading titles

Question 11

Are there any privacy laws in the UK?

Answer 11

No

Question 12

How are confidential documents covered in private life?

Answer 12

Tort of breach of confidence and the Data Protection Act 1998

Question 13

What does the Data Protection Act 1998 control?

Answer 13

Use of personal data by businesses and the state

Question 14

Is Press intrusion justifiable?

Answer 14

Only in the interest of justice

Question 15

What to the courts have to balance for press intrusion?

Answer 15

Freedom of Press with the Right of privacy

Question 16

Do Article 8 and 10 have priority over each other?

Answer 16

No

Question 17

How are injunctions granted in cases of press intrusion?

Answer 17

On the facts of each individual case

Question 18

Press Intrusion key case(s)

Answer 18

• Campbell v MGN Ltd (2004)
• Murray v Express Newspapers PLC (2008)

Question 19

What does the Protection from Harassment Act 1997 say?

Answer 19

It is a crime to pursue harassment or put the victim in a fear of violence (assault)

Question 20

What does the Harassment Act 1997 have to remedy crimes?

Answer 20

Criminal sanctions and civil remedies (injunctions and damages) may be available

Question 21

How did the ECtHR define Family Life to include?

Answer 21

• Adoptive + foster relationships
• Children
• Married couples
• Cohabiting unmarried couples

Question 22

How does the ECtHR protect children?

Answer 22

Proportionality due to a wide margin of appreciation

Question 23

What is the state obliged to facilitate with children in family life?

Answer 23

Contact between parents and their children when in the interest of the child

Question 24

Will the state allow a person to stay in the UK for family life?

Answer 24

Only in exceptional circumstances i.e insurmountable obstacles in the way

Question 25

Key case for a person to stay in the Uk for family life

Answer 25

- Agyarko and Ikuga v Secretary of State for the Home Department (2015)

Question 26

Why was a convicted rapist not deported and the case

Answer 26

Nasri v France (1996) - Because he was deaf, unable to speak an illiterate. He was allowed to stay in France as that is where his family (parents and siblings) lived.

Question 27

What does the right to home state?

Answer 27

Right to enjoy your home peacefully whether you own your house or not

Question 28

Does the state have a right to provide housing?

Answer 28

No but there are exceptions for some people such as the severely disabled

Question 29

What does home life include?

Answer 29

Where you permantly or sometimes life

Question 30

What is the case involving caravans in home life?

Answer 30

Conners v UK (2004)

Question 31

What did the ECtHR accept in Conners v UK (2004) and an opposing case

Answer 31

ECtHR accepted caravans as homes but only were lawfully parked. Price v Leeds City Council (2005), parking on playing fields are not lawful.

Question 32

What case classed the workplace as ‘home’?

Answer 32

Niemitz v Germany (1943)

Question 33

What does the term of Correspondance include?

Answer 33

Texts, emails ect..

Question 34

What act allows security services to survey?

Answer 34

Investigatory Powers Act 2016

Question 35

What does the Investigatory Powers Act 2016 allow?

Answer 35

Security services to undertake surveillance to protect public safely.

Question 36

What right does correspondance give?

Answer 36

Right to live your life privately with correspondance, without government interference

Question 37

What does correspondance cover with a supporting case?

Answer 37

Forms of communications and interferences Barbulescu v Romania (2017)

Question 38

Article 8(2) - what are the 3 criteria need to restrict Article 8?

Answer 38

1. In accordance with the law. 2. Legitimate Aims. 3. Necessary in a Democratic Society.

Question 39

Article 8(2) - What test lies with the accordance with the law?

Answer 39

Sunday Times Test

Question 40

Article 8(2) - What case lies with the accoradance with the law?

Answer 40

Sunday times v UK (1979)

Question 41

Article 8(2) - What are the 5 legitimate aims?

Answer 41

1. National security 2. Public safety and economic well being of country 3. Prevention of security of crime 4. Health of morals 5. Rights and freedoms of others

Question 42

Article 8(2) - what does necessary in a democratic society state?

Answer 42

There is a principle of proportionality. If measures taken answers a pressing social need and is proportionate to legitimate aims.

Question 43

Article 8(2) - Case included in Necessary in a Democratic Society

Answer 43

Observer and Guardian v UK

Question 44

What does Article 8(2) roughly say?

Answer 44

There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of crime, for the protection of health or moral, or for the protection of the rights and freedoms of others.