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Modinos v. Cyprus (1993) – Ruling invalidating Section 171 of the Criminal Code of Cyprus under which male homosexual acts were banned, finding that there had been a breach under Article 8 of the applicant's right to respect for private life.
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.
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 ...
Norris v. Ireland was a case decided by the European Court of Human Rights (ECHR) in 1988, in which David Norris successfully charged that Ireland's criminalisation of certain homosexual acts between consenting adult men was in breach of Article 8 of the European Convention on Human Rights (right to respect for private and family life).
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 ...
A, B and C v Ireland is a landmark 2010 case of the European Court of Human Rights on the right to privacy under Article 8.The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies ...
As concerns Pretty's right to respect for private life under Article 8, the Court considered that the interference in this case might be justified as "necessary in a democratic society" for the protection of the rights of others.
Section 115(7) itself was not in contravention of Article 8 so long as it was interpreted and applied in a proportionate way. Those who apply for ECRCs do not consent to their privacy rights being violated; consent is given on the basis that the right to respect for their private life would be respected.