article 8

Question 1

what does it cover

Answer 1

private life , family , home , correspondence

Question 2

private life

Answer 2

includes=
- physical / psychological integrity , gender identity , name , sexual orientation ( pretty )

e.g
sex life and gender ( Goodwin)
personal data and info
rep and names

Question 3

family life

Answer 3

includes
children grandchildren
adoptive foster children
post divorce relationships
cohabiting heterosexual and same sex couples

focus on closeness , not just legal term

rights
to live tgth
to have regular contact

Question 4

home

Answer 4

access to , living in and enjoyment of home
‘ home ‘ depends on factual link

protection = extends to workspaces ( niemietz)

Question 5

correspondence

Answer 5

covers all communication
letters phones emails etc

and all work related correspondence , niemeitz

Question 6

can be limited if , art 8/2

Answer 6

conditions of interference

1. in accordance with the law
2. have legitimate aim e.g national security , public safety etc
3. be necessary in democratic society
4. be proportionate

Question 7

margin of safety

Answer 7

narrow = political/ public issues
wide = artistic , cultural etc

Question 8

balancing rights

Answer 8

must balance rights w other rights

e.g art 8 and art 10