Article 8 of European Convention on Human Rights
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Article 8 of the European Convention on Human Rights (ECHR) is a critical provision that protects the right to respect for private and family life. This article recognises the importance of personal autonomy, privacy, and the integrity of individuals' private and family affairs.
Article 8 – Right to Respect for Private and Family Life
Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the 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 protection of health or morals, or for the protection of the rights and freedoms of others.
Right to private and family life: Article 8 recognises an individual's right to have their private and family life respected and protected. This encompasses various aspects of personal life, including personal autonomy, relationships, sexual orientation, and personal identity.
Right to one's home: The article also protects the right to one's home. This includes the right to live in one's own home without unlawful interference from public authorities.
Protection of correspondence: Article 8 safeguards the privacy of an individual's correspondence, which includes letters, emails, and other forms of communication.
Interference only in specific circumstances: While Article 8 establishes the right to respect for private and family life, it also allows for interference by public authorities under specific conditions. Any such interference must be lawful and meet the criteria of being necessary in a democratic society. This means that the interference must serve a legitimate and compelling purpose, such as national security, public safety, preventing crime, protecting health or morals, or safeguarding the rights and freedoms of others.
Balancing rights: Article 8 often involves a delicate balance between the individual's right to privacy and the legitimate interests of society or other individuals. Courts, including the European Court of Human Rights, are frequently called upon to weigh these interests when considering cases related to Article 8.
Case-by-case analysis: The application of Article 8 is context-specific, and its interpretation can vary depending on the circumstances of each case. Courts consider factors such as the nature of the interference, the purpose behind it, and the proportionality of the measures taken.
Article 8 of the ECHR is a cornerstone of privacy and personal autonomy in the European context, and it provides important protections for individuals against unwarranted intrusion into their private and family lives by public authorities. It is one of the key provisions that individuals can invoke when alleging violations of their human rights before the European Court of Human Rights.
Article 8 – Right to Respect for Private and Family Life
Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the 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 protection of health or morals, or for the protection of the rights and freedoms of others.
Right to private and family life: Article 8 recognises an individual's right to have their private and family life respected and protected. This encompasses various aspects of personal life, including personal autonomy, relationships, sexual orientation, and personal identity.
Right to one's home: The article also protects the right to one's home. This includes the right to live in one's own home without unlawful interference from public authorities.
Protection of correspondence: Article 8 safeguards the privacy of an individual's correspondence, which includes letters, emails, and other forms of communication.
Interference only in specific circumstances: While Article 8 establishes the right to respect for private and family life, it also allows for interference by public authorities under specific conditions. Any such interference must be lawful and meet the criteria of being necessary in a democratic society. This means that the interference must serve a legitimate and compelling purpose, such as national security, public safety, preventing crime, protecting health or morals, or safeguarding the rights and freedoms of others.
Balancing rights: Article 8 often involves a delicate balance between the individual's right to privacy and the legitimate interests of society or other individuals. Courts, including the European Court of Human Rights, are frequently called upon to weigh these interests when considering cases related to Article 8.
Case-by-case analysis: The application of Article 8 is context-specific, and its interpretation can vary depending on the circumstances of each case. Courts consider factors such as the nature of the interference, the purpose behind it, and the proportionality of the measures taken.
Article 8 of the ECHR is a cornerstone of privacy and personal autonomy in the European context, and it provides important protections for individuals against unwarranted intrusion into their private and family lives by public authorities. It is one of the key provisions that individuals can invoke when alleging violations of their human rights before the European Court of Human Rights.
