Article 8 echr
Article 8 of the European Convention on Human Rights (ECHR) protects the right to respect for private and family life, home, and correspondence. It encompasses a wide range of personal and family relationships, as well as the right to privacy and protection from arbitrary interference by public authorities. This article is a fundamental component of human rights law, ensuring individuals' privacy and family life are safeguarded.
7 Key excerpts on "Article 8 echr"
eBook - ePub- Howard Davis(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...Chapter 8 Rights to privacy and property LEARNING OBJECTIVES On completing this chapter the reader should understand: • The impact of Article 8 in providing a legal basis for challenges to interferences with private and family life, home and correspondence • The structure of Article 8 as a ‘qualified right’ • The protection of the right to peaceful enjoyment of possessions guaranteed by Article 1 of the First Protocol • The context of both of these Convention rights in respect of broader ideas about privacy and property. INTRODUCTION Being a ‘person’, a full human being, implies that there should be areas of life that remain under that person’s sole control and subject solely to his or her choices. There should be areas of life that are not to be controlled or interfered with by others — such as police or civil servants acting under the general law or an employer acting on the basis of a contract of employment. This is, perhaps, the basic idea of ‘privacy’. The European Court of Human Rights (ECtHR) sometimes refers to ‘an “inner circle” in which the individual may live his own personal life as he chooses’ (Niemietz v Germany (1993) 16 EHRR 97). As we shall see, however, the various rights grouped together in Article 8 (respect for private and family life, home and correspondence) include, but go well beyond, this limited idea of privacy. It moves in the direction of being a right to live your life as you please subject to the reasonable restraints of others — where, obviously, attention is then focused on the nature of those reasonable restraints and who decides their impact. ENGLISH LAW The common law of England and Wales has not developed a legally enforceable concept of privacy in itself. However, important aspects of private life are protected by law in a variety of ways...
eBook - ePubVetting and Monitoring Employees
A Guide for HR Practitioners
- Gillian Howard(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...Chapter 8 Human Rights and Monitoring Employees Right to Respect for Privacy, Family Life and Correspondence – Article 8 Article 8 of the Human Rights Act 1998 provides a general right to respect for privacy where none previously existed. Article 8(1) offers general protection for a person’s private and family life, home and correspondence from arbitrary interference by the State or any organ of the State. This right affects a large number of areas of life ranging from surveillance, monitoring private emails and correspondence to being permitted without discrimination to enjoy all the same rights as heterosexuals with regard to homosexuals, transsexuals and transvestites and so on, as this Article is drafted extremely broadly. However, the right to respect for these aspects of privacy under Article 8 is qualified. This means that interferences by the State can be permissible, but such interferences must be justified and satisfy certain conditions. Any interference with such a right must be: in accordance with law; in the interests of the legitimate objectives identified in Article 8(2); and necessary in a democratic society. In Accordance with Law In many cases decided by the European Court of Human Rights (ECHR), interferences with privacy have been in breach of Article 8 because they have not satisfied this first condition. In order for an interference to be in accordance with law, the interference must have a proper legal basis, such as a piece of legislation or rules of a professional body. The law or rule must be understandable, detailed and clear enough to allow a person to regulate his or her behaviour – a secret, unpublished memo in a government department will not suffice, for example...
eBook - ePubThe Right to Privacy Revisited
Different International Perspectives
- Özgür Heval Çınar, Aysem Diker Vanberg, Özgür Heval Çınar, Aysem Diker Vanberg(Authors)
- 2021(Publication Date)
- Routledge(Publisher)
...Moreover, this right has yet to be provided with legal protection by more than 70 UN member states. 12 3. Scope of the right to privacy (Article 8) The right to privacy is protected in international human rights law. The main international documents have all safeguarded this right. For instance, article 12 of the UDHR, article 17 of the ICCPR, article 8 of the ECHR, articles 7 and 8 of the European Union (EU) Charter of Fundamental Rights, article 5 of the American Declaration of the Rights and Duties of Man (ADRDM) and article 11 of the American Convention on Human Rights (ACHR) are the relevant provisions. While the above articles answer the question as to why the right to privacy needs protection, no answers are provided as regards when, how and by whom this freedom should be safeguarded. 13 The Council of Europe is one of the most important institutions in Europe. It was established after the Second World War, guaranteeing rights and freedoms in the Convention, which came into force on 3 September 1953. In order for these rights and freedoms to be guaranteed the ECtHR was created. Article 8 of the ECHR states: Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is 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 disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. A general framework regarding this freedom is outlined in the first paragraph of this article. The freedom in question provides protection for an individual’s private life and also to family life, the home and confidentiality of correspondence...
eBook - ePubHuman Rights and the Protection of Privacy in Tort Law
A Comparison between English and German Law
- Hans-Joachim Cremer(Author)
- 2010(Publication Date)
- Routledge-Cavendish(Publisher)
...HUMAN RIGHTS AND THE PROTECTION OF PRIVACY IN TORT LAW In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR), which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships. The German law of privacy, centring on the ‘allgemeines Persönlichkeitsrecht’, has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights to strengthen the protection of privacy in the private sphere. Hans-Joachim Cremer is Professor of Public Law and Legal Philosophy at the University of Mannheim since 2000. He earned his doctorate at the University of Heidelberg. His dissertation on legal protection against expulsion and deportation won the University’s Ruprecht Karls Award in 1995. In 1999 he completed his Habilitation at Heidelberg. His post-doctoral thesis investigates the methodology of constitutional interpretation....
eBook - ePub- Peter Halstead(Author)
- 2013(Publication Date)
- Routledge(Publisher)
...9 Privacy, family life and marriage 9.1 Introduction 1 Early common law torts were based on the several forms of trespass, and subsequently other torts were developed by the courts, including the almost ubiquitous modern tort of negligence, but the common law did not formulate a tort to protect people’s privacy (Lord Bernstein v Skyviews and General Ltd (1978)). 2 In some instances it proved possible to achieve partial but unsatisfactory results by obtaining an interlocutory injunction to prevent publication of photographs and information that were of value to the victim (e.g. in circumstances where a press photographer and reporter intrusively invaded a patient’s hospital ward; Kaye v Robertson (1991)). 3 The enactment of the Human Rights Act provided the English courts with the opportunity to develop some elements of a privacy law that they constructed on the somewhat improbable basis of breach of confidence (Douglas v Hello! Ltd (2001) and Campbell v MGN (2004)). 4 The jurisprudence of the European Court has extensively developed the principle of the right to respect people’s privacy under a number of headings but subject to a number of qualifications. 9.2 ECHR Article 8 1 Article 8(1) says that ‘Everyone has the right to respect for his private and family life, his home and his correspondence’. 2 Article 8(2) provides that there shall be no interference by a public authority with the exercise of this right except such as is: in accordance with the law; necessary in a democratic society in the interests of: national security; public safety; the economic well-being of the country; prevention of disorder or crime; protection of: health or morals; the rights and freedoms of others. 3 Private life and family life are very often integrated and inseparable, but there are cases where private life is not derived from family life, some examples of which are listed below...
eBook - ePub- Jane Lynch, Senthill Nachimuthu(Authors)
- 2018(Publication Date)
- CRC Press(Publisher)
...However, they are providing a public service and will therefore be caught by the Act. Health professionals working in the private health sector will be expected to have regard to the Act under their contractual obligations. The Human Rights Act is not designed to facilitate access to healthcare or medical information. Its purpose is to protect the individual against state action. However, health professionals must always have regard to the Human Rights Act when treating and caring for patients. Health professionals should presume that almost all decisions about healthcare will have some potential impact upon somebody’s human rights and as a result it is imperative to ensure that the reasoning for reaching any adverse decision is clear. The Articles of the ECHR that health professionals will be mainly concerned with are: ➤ Article 2 – ‘Everyone’s right to life shall be protected by law’ ➤ Article 3 – ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’ ➤ Article 8 – ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’ Article 2: ‘Everyone’s Right to Life Shall be Protected by Law’ This imposes a duty not only to refrain from interfering with life, but also a ‘positive duty to take appropriate steps to safeguard life’. 2 It has been suggested that this could be used where resources are refused or treatment is withdrawn or withheld, such as a decision not to resuscitate. Case National Health Service Trust A v D and others (2000) Parents of a severely disabled baby challenged a ‘not for resuscitation’ (NFR) decision...
- Helen Fenwick, Gavin Phillipson, Alexander Williams(Authors)
- 2020(Publication Date)
- Routledge(Publisher)
...This body of law is confined to those areas covered by the Treaty of Rome 1957 and subsequent Treaties. Each Treaty (ie the Maastricht, Amsterdam, Nice and Lisbon Treaties) has been incorporated into UK domestic law by statute. The law emanating from Europe which applies in the United Kingdom includes regulations, directives, and decisions. EU membership also means that rulings from the European Court of Justice can be binding on domestic courts within the United Kingdom … Where it applies, EU law operates as a higher order law and will have the effect of overriding domestic legal provisions [though possibly not all—see chapter 4 at 150 and chapter 5 at 196–97]. European Convention on Human Rights Since the Human Rights Act (HRA) 1998 came into force in October 2000 the ECHR is incorporated as part of UK law. The ECHR can be regarded as amounting to a constitutional charter of rights. As we shall see in later chapters, the ECHR is an international treaty setting out basic individual rights including: right to life; liberty and security; prohibition of torture and slavery; right to fair trial; no punishment without law; right to respect for privacy and family life; freedom of thought, conscience, and religion; freedom of expression; freedom of assembly and association; and prohibition of discrimination. All public bodies, including the courts, are legally required to act in a way which is compatible with the above rights, and a remedy may be sought if these citizen rights are breached.… The Law and Customs of Parliament The law and customs of Parliament refers to the resolutions of the two Houses of Parliament which establish parliamentary practice (standing orders of the House). This body of rules is of great political importance and it ranges from the regulation of debates to the functions of the leaders of the government and opposition. These rules can be changed by MPs and peers...
