Article 8 - Case List

Question 1

Copland v UK: Decision

Answer 1

Surveillance of a person’s work email was not justfied as there was no law to base these actions upon

There must be law that allows for such an intereference and this must be clear and predictable

Question 2

Sheffield and Horsham v UK: Facts

Answer 2

Two applicants had had gender realignment from male to female. UK wouldn’t recognise new gender or allow transgender post-ops to marry

Question 3

Sheffield and Horsham v UK: Decision

Answer 3

ECtHR recognised UK’s failure to update the law and recognised social acceptance of transsexualism and problem they encounter post-op

Lead to:

• Gender Recognition Act 2004
• Marriage (Same Sex Couples) Act 2013

Question 4

Private Life: Botta v Italy

Answer 4

Private life includes a ‘person’s physical and psychological integrity’

Question 5

Private Life: Pretty v UK

Answer 5

A person’s physical and psychological integrity will include: physical and social identity, gender identity, name and sexual orientation

Question 6

Private Life: Peck v UK

Answer 6

A person’s physical and psychological integrity includes autonomy and dignity

Question 7

Private Life: Dudgeon v UK

Answer 7

Private life includes sexual orientation and freedom including transgender men and women

Question 8

Private Life: BB v UK

Question 9

Private Life: Goodwin v UK

Answer 9

Barriers imposed on a transgender person violated their Art 8 rights

Question 10

Private Life: Gillan and Quinton v UK: Facts

Answer 10

Police extended powers under s.44 Terrorism Act 2000 to stop and search any person without reasonable suspicion (which is usually required for stop and search)

Question 11

Private Life: Gillan and Guinton: Decision

Answer 11

Power was used to search people on their way to an arms fair. Despite wide margin of appreciation issues of national security, the ECtHR believeed this way a disproportionate use of pwoer

Question 12

Private Life: Halford v UK

Answer 12

No legal basis allowing the monitoring of the police telecommunication system therefore breach of Art 8

Question 13

Private Life: MS v Sweden

Answer 13

Medical data is considered confidential for both adults and children who are considered Gillick competant

Question 14

Private Life: Axon v Secretary of State for Health

Answer 14

If the child is considered Gillick competant then the parental righ to determine medical treatment is ended

Question 15

Private Life: S and Marper v UK

Answer 15

The blanket retention of DNA profiles takenfrom innocent people posed a disproportionate interference with the right to private life

Under Protection of Freedoms Act 2012 only people convicted of an offence will have fingerprints and DNA stored indefinately

Question 16

Family Life: Gaskin v UK

Question 17

Family Life: Schalk and Anor v Austria

Question 18

Family Life: Lebbink v Netherlands

Answer 18

what consitutes a family depends on close family ties and is a matter of fact and degree

Question 19

Family Life: Yousef v Netherlands

Answer 19

the decision of the state to remove a child into care must be done proportionately as there’s a wide margin of appreciation in these cases. However, child’s rights are paramount

Question 20

Family Life: Johansen v Norway

Answer 20

court stated that particular weight should be attached to the best interests of the child, which may override those of the parent

Question 21

Family Life: Agyarko and Ikuga v Secretary of State for the Home Department

Answer 21

both women wanted to stay in the UK to be with their family, but were here illegally

Only in exceptional circumstances would they be allowed to stay, ie. where there are insurmountable obstacles in the way

Question 22

Family Life: Nasri v France

Answer 22

allowed to stay in France as that is where his family (parents and siblings) lived

Question 23

Family Life: Wood v Commissioner of Police of the Metropolis

Answer 23

police taking and retianing photos of the protestors opposed to the arms trade was a violation

Question 24

Family Life: R (T) v CC Greater Manchester and ors

Answer 24

a blanket disclosure of minor previous convictions during employment checks was disproportionatte under Art 8

Question 25

Family Life: R (on application on F and Thompson) v SoS for the Home Dept: Facts

Answer 25

s.82 Sexual Offences Act 2003 a person who has been sentenced to more than 30 month imprisonment for a sex offence to notify police where they are living and any travel they do for the rest of their life

Question 26

Family Life: R (on application on F and Thompson) v SoS for the Home Dept: Decision

Answer 26

UK SC held inability to review the requirement was disproportionate and violated Art 8

Question 27

Family Life: AB v SoS for Justice

Answer 27

no justification to refuse a pre-op transgender woman who was held in a male prison in the right to move to a female prison Violation

Question 28

Home: Khatan v UK

Answer 28

the law treats owners and occupiers of property equally ie. renters have the same rights as owners for example

Question 29

Home: Connors v UK

Answer 29

ECtHR accepted that land where caravans were parked lawfully was the person's home

Question 30

Home: Price v Leeds City Council

Answer 30

caravans parked on a playing field were not a persons home

Question 31

Home: Niemietz v Germany: Facts

Answer 31

police searched a lawyer's office to try to identify a suspect. The search was part of 'home' and the lawyers private life

Question 32

Home: Niemietz v Germany: Decision

Answer 32

'it would be too restrictive to limit the notion of an 'inner circle' in which the individual may live his own personal life as he chooses and to exclude there from entirely the outside world not encompassed within that circle' included work

Question 33

Correspondance: Barbulescu v Romania

Answer 33

the employer was found to be in violation as their IT policy didn't set out the extent to which their internet usage and online communications would be monitored

Question 34

Correspondance: PJS v News Group Newspapers Ltd

Answer 34

neither Art 8 or 10 have prioroty over the other and it is decided on a case by case basis

Question 35

Correspondance: Campbell v MGN Ltd

Answer 35

the publication of photographs of her outside a rehabilitation clinic was a disproportionate interference with the rights to privacy, even though she was recieving treatment in the public domain

Question 36

Correspondance: Murray v Express Newspapers PLC

Answer 36

the children of people who were famous should not expect to be photographed without their knowledge or consent if they has not publicised their children