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Pretty v. United Kingdom [2002] – Article 8 extends to protect the right to die. Like with articles 9, 10 and 11, it can be interfered with provided there is valid justification, as there was in Pretty. Mosley v News Group Newspapers [2008] EWHC 1777 (QB) — Per Eady J, equitable breach of confidence is extended to protect Art. 8 rights.
Article 8 provides a right to respect for one's "private and family life, his home and his correspondence", subject to restrictions that are "in accordance with 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 test was developed in the Handyside v.United Kingdom, Silver v. United Kingdom, and Lingens v. Austria cases, related to freedom of expression. It has also been invoked in cases involving state surveillance, which the court acknowledges can constitute an Article 8 violation but may be "strictly necessary for safeguarding the democratic institutions" (Klass and Others v.
Thus, in order to secure an individual's right to family life, the State may not only be obliged to refrain from interference therein, but positively to facilitate for example family reunions or parents' access to their children. The most prominent field of application of positive obligations is Article 8 of the European Convention on Human Rights.
Pages in category "Article 8 of the European Convention on Human Rights" The following 49 pages are in this category, out of 49 total. This list may not reflect recent changes .
Article 8 of the European Court of Human Rights has been interpreted to include "personal identity" within the meaning of "private life." [2] Article 8 protects against unwanted intrusion and provides for the respect of an individual's private space. Professor Marshall explains that this space is necessary for individuals to "think reflectively ...
The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law. [2]
Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. [ 1 ] [ 2 ] The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights.