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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.
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 ...
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]
The right to rest and leisure is connected to the right to work, which is provided for by Article 23 of the Universal Declaration of Human Rights, and article 6.3 of the International Covenant on Economic, Social, and Cultural Rights. Where the right to work provides a right to work, the right to rest and leisure protects individuals from too ...
She relied by analogy on the decision of the House in Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, where the House considered the article 8 right to respect for the home. It held that the right of a public authority landlord to enforce a claim for possession under domestic law against an occupier whose right to occupy ...
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 ...