Everyone has the right to respect for his private and family life, his home and his correspondence.
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Article 8 examples
- Dudgeon V UK : criminalisation of homosexuality in Northern Ireland.
- Smith and Grady V UK : ban on homosexuals in amend forces.
- Malone V UK : tapping of telephone calls by police without legal authority.
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Article 8 - Housing & Environmental cases
Hatton V UK : noise from night flights near Heathrow Airport infringed Art 8.
But UK given wide margin of appreciation. Infringement justified on economic grounds.
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-Breaking up of families in deportation cases.
-Invasion of privacy by press.
-Invasion of privacy by security services.
-Unlawful stop & search.
Article 8
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Article 9 - Freedom of thought, conscience & religion
-Religion given wide meaning.
- Right to hold religious views well protected.
- Right to manifest such beliefs by wearing or displaying religious dress, emblems or symbols not so well protected.
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Article 9 - manifesting beliefs
SAS V France : ban on covering of faces in public held to be acceptable. Wide margin of appreciation granted.
But, Eweida V UK: Policy which banned employees wearing religious crosses not necessary and proportionate.
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Article 10 - Freedom of expression
Political speech given the most protection. - Sunday Times V UK 1979.
Other expression - more interference allowed- Handyside V UK 1976
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Article 10 - Handyside V UK
-"The Little Red Schoolbook"
- Obscene Publications Act
- Corrupting morals
- Infringement of Art 10
- BUT - interference allowed to protect morals
- Wide margin of appreciation given
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Article 11 - 13
Article 11 - Freedom of assembly & association
Article 12 - Right to marry
Article 13 - Right to an effective remedy
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Article 14 - Prohibition of discrimination
Right not to be discriminated against in respect of access to other ECHR rights.
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Article 14 - Prohibition of discrimination includes ?
Matter must be within the scope of another ECHR right;
Person in an analogous position has been treated differently; and
there is no objective and reasonable justification for the different treatment.
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Article 14 - Abdulaziz V UK 1985
Immigration laws prevented wives bringing husbands to the UK, whilst allowing husbands to bring in wives.
Breach of Articles 8&14
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Protocol 1 Article 1 - Protection of property
Right to peaceful enjoyment of possessions.
Can't be deprived of them by state except in public law interest and subject to conditions provided by law.
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Other cards in this set
Card 2
Front
Article 8 - Respect for Private & Family Life
Back
Everyone has the right to respect for his private and family life, his home and his correspondence.
Card 3
Front
Article 8 examples
Back
Card 4
Front
Article 8 - Housing & Environmental cases
Back
Card 5
Front
-Breaking up of families in deportation cases.
-Invasion of privacy by press.
-Invasion of privacy by security services.
-Unlawful stop & search.
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