Academic literature on the topic 'Article 8 ECHR'
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Journal articles on the topic "Article 8 ECHR"
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Lambert, Suzanne, and Andrea Lindsay-Strugo. "Focus on Article 8 ECHR: Recent Developments." Judicial Review 13, no. 1 (2008): 29–40. http://dx.doi.org/10.1080/10854681.2008.11426542.
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O’Callaghan, Patrick. "Article 8 ECHR as a General Personality Right?" Journal of European Tort Law 6, no. 1 (2015): 69–84. http://dx.doi.org/10.1515/jetl-2015-0005.
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Rajska, Dagmara,. "Parent-Child Relationship Cases Before the ECtHR." SocioEconomic Challenges 4, no. 1 (2020): 36–64. http://dx.doi.org/10.21272/sec.4(1).36-64.2020.
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This paper summarizes the arguments and counterarguments within the scientific discussion on the issue of choosing between Article 6 (Right to a fair trial) or/and Article 8 (Right to family life) of the European Convention on Human Rights (hereafter ‘ECHR’) when being applied by the European Court of Human Rights (hereafter ‘ECtHR’) in parent-child relationship cases. The main purpose of this research is to understand these provisions and their interplay. There is no particular systematization of literary sources and approaches for solving this problem because it is new. The analysis of applications lodged before the ECtHR indicates that the applicants usually raise both provisions for the reason of procedural safety. What is the response of the ECtHR? The investigation in this paper concerning the topic ‘what is protected by which provision, and is there any pattern in the application of Articles 6 and 8 in cases involving both provisions?’ is carried out in the following logical sequence: Relevant legal framework (Section 2); Research interest and question (Section 3); Research methodology (Section 4); Parental authority, custody, and access/contact, regarding cases respectively involving Articles 6 and 8 ECHR (Section 5). The methodological tool of the research method was the ECtHR Hudoc database. The object of the research is the ECtHR, because, namely, this institution interprets Article 6 and Article 8 of the ECHR. The paper presents the results of an empirical analysis of 212 judgments delivered by the ECtHR during the last twenty years. These showed that, with regard to the interplay between Articles 6 and 8 ECHR, there are some trends in its case-law which give guidance to the applicants, the judges and other practitioners concerned, as well as to scholars. The results of the research can be useful in efficiently analyzing, applying, defending, and adjudicating these rights. Keywords: right to a fair trial, right to family life, parental authority, parental care, access/contact, European Convention on Human Rights.
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Forder, Caroline J. "Legal Protection Under Article 8 ECHR: Marckx and Beyond." Netherlands International Law Review 37, no. 02 (1990): 162. http://dx.doi.org/10.1017/s0165070x00006483.
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Thym, Daniel. "RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?" International and Comparative Law Quarterly 57, no. 1 (2008): 87–112. http://dx.doi.org/10.1017/s0020589308000043.
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AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.
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Siwior, Przemysław. "The Potential of Application of the ECHR in Climate Change Related Cases." International Community Law Review 23, no. 2-3 (2021): 197–208. http://dx.doi.org/10.1163/18719732-12341470.
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Abstract The purpose of this article is to analyse the existing case-law of the European Court of Human Rights (ECtHR) in environmental cases in order to determine whether the European Convention on Human Rights (ECHR) ensures protection in cases related to climate change and its adverse impacts. Due to the fact that to date the ECtHR has not yet ruled on the issue of climate change, the article analyses environmental cases addressed by the ECtHR based on article 8 (right to respect for private and family life) and article 2 (right to life) of the ECHR taking into account potential application of their conclusions to climate change.
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Moosavian, Rebecca. "Stealing ‘souls’? Article 8 and photographic intrusion." Northern Ireland Legal Quarterly 69, no. 4 (2018): 531–58. http://dx.doi.org/10.53386/nilq.v69i4.190.
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In Article 8 ECHR privacy right jurisprudence, photographs are deemed distinct forms of information that are particularly intrusive in nature. This article is concerned with explaining why this is so. Part 1 examines the notion of ‘intrusion’ itself. It argues that ‘intrusion’ functions as a legal metaphor and plays an important role in constructing a binary between an outer self presented to the world and a ‘spiritual’, emotional interior that privacy purports to protect from transgression. Part 2 argues that this ‘spiritual intrusion’ metaphor is influential in the continental personality right that informs the ECtHR’s approach to Article 8 protection for photographed individuals. This leads to potentially stronger protection for image, including a basic Article 8 right to control one’s image. Yet there is a divergence of approach in the English courts, where personality theory has limited influence; here there is traditional scepticism towards an image right and photographic capture is largely neglected. Part 3 argues that photography becomes a relevant factor at publication stage, where courts agree that the distinctive features of the medium may cause or exacerbate intrusion. This is because photography creates a permanent, infinitely replicable ‘truthful’ record of the individual’s image that can be disseminated to the objectifying gaze of a mass audience. But the medium also leads viewers to overlook its inherent complexities and ambiguities. Ultimately, Article 8 jurisprudence, particularly in the ECtHR, occasionally adopts reasoning that contains echoes of the ‘photographs steal souls’ mythology.
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Cooper, Sarah Lucy. "Marriage, Family, Discrimination & Contradiction: An Evaluation of the Legacy and Future of the European Court of Human Rights' Jurisprudence on LGBT Rights." German Law Journal 12, no. 10 (2011): 1746–63. http://dx.doi.org/10.1017/s2071832200017545.
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The European Court of Human Rights (ECtHR) has been considering whether same-sex couples should have the rights to marry and to be recognized as a family under the European Convention of Human Rights (ECHR) for over thirty years. In the 1980s the European Commission of Human Rights (the Commission) and the ECtHR respectively rejected the notion that same-sex relationships constituted a “family life” under Article 8 of the ECHR, and that post-operative transgendered persons had the right to marry under Article 12. However, throughout the 1990s and the first decade of the new millennium, the ECtHR handed down a body of judgments that incrementally liberalized these rights (albeit not always smoothly) in favor of LGBT persons. This evolution culminated in part on 24 June 2010, when the ECtHR passed judgment inSchalk and Kopf v. Austria.In that case the First Section of the ECtHR made a number of major, but seemingly contradictory rulings. For the first time in its history, the ECtHR ruled that same-sex relationships expressly constitute a “family life” under Article 8, and that the right to marry under Article 12 was not confined to opposite-sex couples in “all circumstances.” However, the ECtHR simultaneously ruled that Member States are under no obligation to protect that “family life,” by providing same-sex couples with access to marriage under Article 12, or an alternative registration system under Articles 8 and 14. The Grand Chamber denied the applicants' subsequent request for a referral.
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Palmer, Ellie. "Beyond arbitrary interference: the right to a home? Developing socio-economic duties in the European Convention on Human Rights." Northern Ireland Legal Quarterly 61, no. 3 (2020): 225–43. http://dx.doi.org/10.53386/nilq.v61i3.452.
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This paper is concerned with divergent trends in the protection of socio-economic rights by the European Court of Human Rights (ECtHR). It focuses on the potential to gain access to housing or housing-related benefits through the incremental development of positive obligations in the European Convention on Human Rights (ECHR). First, it argues that, despite the conceptual inadequacy of the positive–negative dichotomy of rights, its influence is still strongly reflected in the ECtHR’s jurisprudence. It demonstrates that, despite the potential to develop the positive aspects of Articles 3 and 8 ECHR to protect vulnerable homeless individuals in respect of their need for shelter, strategic successes of the past decade, such as Connors v UK and McCann v UK, reflect a bias towards claims involving negative interference with the enjoyment of an existing home. Second, the article considers the implications of a trend towards the harmonisation of socio-economic rights in member states, through use of the fair trial right in Article 6, or the right to equal treatment in Article 14, read with Article 1 of Protocol 1 ECHR. It argues that, despite the impression of progress in Tsfayo v UK and Stec v UK, ,the ECtHR has relied on an artificial extension of substantive rights to a fair trial or to property covered by the Convention, rather than on efforts to address issues of socio-economic disadvantage more holistically through the development of a principled jurisprudence of positive obligations in the ECHR.
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Black, Gillian. "Protecting Privacy in Divorce Actions: Article 8 and the Need for Law Reform." Edinburgh Law Review 23, no. 3 (2019): 332–59. http://dx.doi.org/10.3366/elr.2019.0572.
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This article makes the case for reform of divorce law by demonstrating that the current provisions in the Divorce (Scotland) Act 1976 are not compliant with Article 8 ECHR. Scots law's mix of fault and no fault provisions requires the mandatory disclosure of often highly personal and intimate details in order to establish adultery, behaviour, or non-cohabitation. This statutory requirement to disclose private and personal information to the state, to fulfil the test for irretrievable breakdown of the marriage, constitutes an invasion of the spouses’ privacy. The article then goes on to show that such invasion cannot be justified as necessary in a democratic society, in terms of Article 8 jurisprudence. Consequently, reform is required to ensure that Scots divorce law is ECHR compliant. The final section sets out a proposal to transform divorce law in Scotland into a no-fault notification procedure, removing the damaging and invasive process currently in force.
Dissertations / Theses on the topic "Article 8 ECHR"
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Gajdošová, Jana. "Article 8 ECHR and its impact on English law." Thesis, University of East Anglia, 2008. https://ueaeprints.uea.ac.uk/10564/.
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The thesis examines the scope of the right to respect for one's private life, family life, home and correspondence as set out in Article 8 of the European Convention on Human Rights (ECHR). It does so with reference 16 both the admissibility and merits decisions and judgments from the European Court of Human Rights (ECtHR). It thus shows not only the range of interests that Article 8 covers in the light of the main ECHR principles of proportionality, margin of appreciation or that of living instrument, but also the interests and rights that fall outside Article 8's ambit. At the same time, it offers a clear picture of two basic procedural stages that each individual complaint has to go through in Strasbourg.
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Ottosson, Sara. "Spring som en tjej : en studie om könstester inom friidrott och dess förhållande till artikel 8 och 14 EKMR utifrån ett ras- och genusperspektiv." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444275.
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This thesis examines gender verifications issues in track and field from a feminist and antiracist perspective. In 2019 the international governing body for the sport of athletics (World Athletics) introduced limits on blood testosterone levels for women with some types of Differences in sex development (DSD) in races from 400 metres to 1 mile. According the eligibility rules Caster Semenya and other athletes with heightened testosterone levels need to lower their testosterone levels in order to be eligible to compete in middle distance running races in the women’s class. This thesis discuss the relationship between gender verifications in athletics and the protection of athletes right to privacy according to article 8 ECHR and prohibition of gender and race discrimination according to article 14 ECHR. The balance between the interests for fair competition in sports and the protection of athletes human rights is an ongoing discussion. Complex relationship between states accountability and international non-governmental sports organizations can put athletes in a vulnerable position. This paper includes three research questions. Firstly, can the state parties to the ECHR be accountable if the eligibility rules infringe human rights? Secondly, is the eligibility rules in compliance with the right to respect for private and family life according to article 8 ECHR? Thirdly, is the eligibility rules in compliance with prohibition of discrimination on the grounds of sex and race according to article 14 ECHR.
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Westlund, Martin. "The development of the right to privacy under the ECHR : A study on the effect of Article 8 on third parties." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363668.
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Strindberg, Mona. "Protection of Personal Data, a Power Struggle between the EU and the US: What implications might be facing the transfer of personal data from the EU to the US after the CJEU’s Safe Harbour ruling?" Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-294790.
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Since the US National Security Agency’s former contractor Edward Snowden exposed the Agency’s mass surveillance, the EU has been making a series of attempts toward a more safeguarded and stricter path concerning its data privacy protection. On 8 April 2014, the Court of Justice of the European Union (the CJEU) invalidated the EU Data Retention Directive 2006/24/EC on the basis of incompatibility with the Charter of Fundamental Rights of the European Union (the Charter). After this judgment, the CJEU examined the legality of the Safe Harbour Agreement, which had been the main legal basis for transfers of personal data from the EU to the US under Decision 2000/520/EC. Subsequently, on 6 October 2015, in the case of Schrems v Data Protection Commissioner, the CJEU declared the Safe Harbour Decision invalid. The ground for the Court’s judgment was the fact that the Decision enabled interference, by US public authorities, with the fundamental rights to privacy and personal data protection under Article 7 and 8 of the Charter, when processing the personal data of EU citizens. According to the judgment, this interference has been beyond what is strictly necessary and proportionate to the protection of national security and the persons concerned were not offered any administrative or judicial means of redress enabling the data relating to them to be accessed, rectified or erased. The Court’s analysis of the Safe Harbour was borne out of the EU Commission’s own previous assessments. Consequently, since the transfers of personal data between the EU and the US can no longer be carried out through the Safe Harbour, the EU legislature is left with the task to create a safer option, which will guarantee that the fundamental rights to privacy and protection of personal data of the EU citizens will be respected. However, although the EU is the party dictating the terms for these transatlantic transfers of personal data, the current provisions of the US law are able to provide for derogations from every possible renewed agreement unless they become compatible with the EU data privacy law. Moreover, as much business is at stake and prominent US companies are involved in this battle, the pressure toward the US is not only coming from the EU, but some American companies are also taking the fight for EU citizens’ right to privacy and protection of their personal data.
Books on the topic "Article 8 ECHR"
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Voorhoof, Dirk. Freedom of Expression versus Privacy and the Right to Reputation. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795957.003.0009.
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The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.
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Moreno-Lax, Violeta. Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory). Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0010.
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The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.
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Davis, Howard. Human Rights Law Directions. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871347.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Self-test questions and exam questions help readers to engage fully with each subject and check their understanding as they progress. Human Rights Law Directions has been written expressly to guide you through your study of human rights law, and to explain clearly and concisely the key areas of this fascinating subject. Combining academic quality with innovative learning features and online support, this is an ideal text for those studying human rights law for the first time. This fifth edition has been fully updated with key developments in human rights law, including: discussion, in so far as information allows, of proposed reform of the legal protection of human rights in the United Kingdom, post-‘Brexit’; the ECtHR case law on unlawful rendition; deportation and human rights; the impact of human rights on warfare and the condition of British troops abroad; the impact of Article 8 on abortion and assisted suicide; concerns over surveillance and communications data; the impact of human rights law on controversies over religious dress (such as the burqa ban in France); and possible infringements of rights by the legal response to Coronavirus.
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Gilmore, Stephen, and Lisa Glennon. Hayes & Williams' Family Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.001.0001.
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Hayes and Williams’ Family Law, now in its sixth edition, provides critical and case-focused discussion of the key legislation and debates affecting adults and children. The volume takes a critical approach to the subject and includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. The introductory chapter within this edition provides a discussion of the law’s understanding of ‘family’ and the extent to which this has changed over time, a detailed overview of the meaning of private and family life within Article 8 of the ECHR, and a discussion of the Family Justice Review and subsequent developments. Part 1 of this edition, supplemented by the ‘Latest Developments’ section, outlines the most up-to-date statistics on the incidence of marriage, civil partnerships and divorce, discusses recent case law on the validity of marriage such as Hayatleh v Mofdy [2017] EWCA Civ 70 and K v K (Nullity: Bigamous Marriage) [2016] EWHC 3380 (Fam), and highlights the recent Supreme Court decision (In the Matter of an Application by Denise Brewster for Judicial Review (Northern Ireland) [2017] 1 WLR 519) on the pension rights of unmarried cohabitants. It also considers the litigation concerning the prohibition of opposite-sex civil partnership registration from the judgment of the Court of Appeal in Steinfeld and Keidan v Secretary of State for Education [2017] EWCA Civ 81 to the important decision of the Supreme Court in R (on the application of Steinfeld and Keidan) (Application) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32. This edition also provides an in-depth discussion of the recent Supreme Court decision in Owens v Owens [2018] UKSC 41 regarding the grounds for divorce and includes discussion of Thakkar v Thakkar [2016] EWHC 2488 (Fam) on the divorce procedure. Further, this edition also considers the flurry of cases in the area of financial provision on divorce such as Waggott v Waggott [2018] EWCA Civ 722; TAB v FC (Short Marriage: Needs: Stockpiling) [2016] EWHC 3285; FF v KF [2017] EWHC 1903 (Fam); BD v FD (Financial Remedies: Needs) [2016] EWHC 594 (Fam); Juffali v Juffali [2016] EWHC 1684 (Fam); AAZ v BBZ [2016] EWHC 3234 (Fam); Scatliffe v Scatliffe [2016] UKPC 36; WM v HM [2017] EWFC 25; Hart v Hart [2017] EWCA Civ 1306; Sharp v Sharp [2017] EWCA Civ 408; Work v Gray [2017] EWCA Civ 270, and Birch v Birch [2017] UKSC 53. It also considers the recent decision of the Supreme Court in Mills v Mills [2018] UKSC 38 concerning post-divorce maintenance obligations between former partners, and the Privy Council decision in Marr v Collie [2017] UKPC 17 relating to the joint name purchase by a cohabiting couple of investment property.Part 2 focuses on child law, examining the law on parenthood and parental responsibility, including the parental child support obligation. This edition includes discussion of new case law on provision of child maintenance by way of global financial orders (AB v CD (Jurisdiction: Global Maintenance Orders)[2017] EWHC 3164), new case law and legislative/policy developments on section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders transferring legal parenthood in surrogacy arrangements), and new cases on removing and restricting parental responsibility (Re A and B (Children: Restrictions on Parental Responsibility: Radicalisation and Extremism) [2016] EWFC 40 and Re B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam)). Orders regulating the exercise of parental responsibility are also examined, and this edition updates the discussion with an account of the new Practice Direction 12J (on contact and domestic abuse), and controversial case law addressing the tension between the paramountcy of the child’s welfare and the protected interests of a parent in the context of a transgender father’s application for contact with his children (Re M (Children) [2017] EWCA Civ 2164). Part 2 also examines the issue of international child abduction, including in this edition the Supreme Court’s latest decision, on the issue of repudiatory retention (Re C (Children) [2018] UKSC 8). In the public law, this edition discusses the Supreme Court’s clarification of the nature and scope of local authority accommodation under section 20 of the Children Act 1989 (Williams v London Borough of Hackney [2018] UKSC 37). In the law of adoption, several new cases involving children who have been relinquished by parents for adoption are examined (Re JL & AO (Babies Relinquished for Adoption),[2016] EWHC 440 (Fam) and see also Re M and N (Twins: Relinquished Babies: Parentage) [2017] EWFC 31, Re TJ (Relinquished Baby: Sibling Contact) [2017] EWFC 6, and Re RA (Baby Relinquished for Adoption: Final Hearing)) [2016] EWFC 47).
Book chapters on the topic "Article 8 ECHR"
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van der Sloot, Bart. "Do Groups Have a Right to Protect Their Group Interest in Privacy and Should They? Peeling the Onion of Rights and Interests Protected Under Article 8 ECHR." In Group Privacy. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-46608-8_11.
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"8 Sis Compliance With Article 8 Echr And Data Protection Principles." In Transparency and Proportionality in the Schengen Information System and Border Control Co-operation. Brill | Nijhoff, 2008. http://dx.doi.org/10.1163/ej.9789004162235.i-466.52.
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Costigan, Ruth, and Richard Stone. "6. Article 8: Right to Respect for Private Life." In Civil Liberties & Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198744276.003.0006.
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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for a person’s private and family life, home, and correspondence. It begins by looking at some general issues, and then focuses on police powers of entry, search, and seizure; and the privacy rights of the individual as against the press.
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Webb, Thomas E. "Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords." In Essential Cases: Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780191897689.003.0011.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Noami Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
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Webb, Thomas E. "Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords." In Essential Cases: Public Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780191926440.003.0010.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
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Webb, Thomas E. "Mosely v United Kingdom [2011] ECHR 774, European Court of Human Rights." In Essential Cases: Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780191897689.003.0023.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mosely v United Kingdom [2011] ECHR 774, European Court of Human Rights. This case provides an exemplar of the challenges of balancing Article 8 and Article 10 rights under the European Convention on Human Rights (ECHR) and Schedule 1 of the Human Rights Act 1998 in the context of press regulation. There is also discussion of the qualified nature of these two rights. The document also includes supporting commentary from author Thomas Webb.
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Rainey, Bernadette. "8. Freedom of assembly and association." In Human Rights Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198794172.003.0008.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of assembly and association, which is dealt with together in Article 11 of the European Convention on Human Rights (ECHR) but separately in the International Covenant on Civil and Political Rights (ICCPR). It looks at the various forms of an assembly, and considers forms of association such as political parties, other interest groups, and trade unions, and how a state must justify any restriction on Article 11(1) given the extremely narrow margin of appreciation when it comes to political parties. The chapter also discusses public order and protest that has led to litigation in England and Wales to determine what is meant by imminent breach of the peace, the limits on processions and assembly, and the proportionality of state measures under Article 11 (with Articles 10 and 5).
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Rainey, Bernadette, Elizabeth Wicks, and Andclare Ovey. "21. The Right to Education." In Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767749.003.0021.
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This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom.
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Rainey, Bernadette, Elizabeth Wicks, and Andclare Ovey. "16. Protecting Private Life, The Home, and Correspondence." In Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767749.003.0016.
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This chapter examines Article 8 of the European Convention on Human Rights (ECHR) and its protection of private life, the home, and correspondence; analyses the scope of the protection of private life under ECHR; and provides the Convention definition of private life, home, and correspondence. It also discusses the judgments made by the Strasbourg Court in several relevant cases, including those involving freedom from interference with physical and psychological integrity, freedom to develop one’s identity, issues of health and sexuality, protection of one’s living environment, and protection of prisoners’ correspondence.
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"Terrorism, CCTV and the Freedom Bill 2011: Achieving compatibility with Article 8 ECHR?" In Developments in Counter-Terrorist Measures and Uses of Technology. Routledge, 2013. http://dx.doi.org/10.4324/9780203718612-10.
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