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Paper 3
Human Rights
Article 8
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Article 8 - English Law
AQA A-level Law > Paper 3 > Human Rights > Article 8
22 cards
Cards (40)
What is the definition of Article 8?
Everyone has the right to respect for his private and family life, his home life and his correspondence
What does Article 8(1) include?
Private life
Family life
Home
Correspondence
What type of right is Article 8?
Negative
What is home?
Right to enjoy your existing home
What is correspondence?
Phone calls
,
letters
,
text messages
,
emails
, etc.
What does private life include?
Physical
and
psychological integrity
Sex life
and
gender
Personal data
Reputation
Names
Photos
According to Gillan, what does private life include?
Physical
and
psychological integrity
Which case tells us private life includes physical and psychological integrity?
Gillan
According to X and Y, what does private life include?
Sex life
and
gender
Which case tells us private life includes sex life and gender?
X and Y
According to Gaskin, what does private life include?
Personal data
Which case tells us private life includes personal data?
Gaskin
According to Peck, what does private life include?
Photos
Which case tells us private life includes photos?
Peck
What is a case for family life?
Home Secretary
What is a case for home?
Gillow
What is a case for correspondence?
Kennedy
Under Article 8(2), what must any limitation on Article 8 be?
In accordance with the law
Meets a legitimate aim
Necessary in a democratic society
(
proportionate
)
Take into account margin of appreciation
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