HR - Articles 8 & 10

Question 1

What does Article 8 ECHR protect?

Answer 1

Article 8(1) guarantees the right to respect for private life, family life, home, and correspondence.

Question 2

Is Article 8 a qualified right?

Answer 2

Yes. Under Article 8(2), interferences must be:

In accordance with the law

In pursuit of a legitimate aim

Necessary in a democratic society (i.e. proportionate)

Question 3

What is the scope of ‘family life’?

Answer 3

Includes traditional and non-marital relationships (Kroon v Netherlands), and the objective of enabling normal family interaction.

Question 4

What is protected under ‘home’ in Article 8?

Answer 4

Security, enjoyment, and freedom from intrusion or eviction.

Question 5

Are home visits by authorities a violation?

Answer 5

No, if justified and proportionate.

Question 6

What does Article 10 ECHR protect?

Answer 6

The right to hold opinions and to receive and impart information and ideas without interference by public authorities.

Question 7

Is Article 10 a qualified right?

Answer 7

Yes. Interference is allowed if:

Prescribed by law

In pursuit of legitimate aim

Necessary in a democratic society (proportionate)

Question 8

What forms of expression are protected?

Answer 8

Political
Journalistic
Artistic
Commercial
Offensive