article 8 eval

• pro - qualified right - proportionality and margin of appreciation recognises different member states have different beliefs
• pro - qualified right - living instrument principle, as society develops law develops (sheffield and horsham v gender recognition act 2003)
• con - proportionality and margin of appreciation means application of law different in states, inconsistent, different outcomes
• pro - private life - protects people from unjustified and arbitrary use of power (gillian and quinton v uk)
• pro - private life - gillick competent can have confidential medical data, fair, protects personal issues (axon v sos for health)
• con - private life - despite (s and marper) removing innocent people dna complicated, many dont
• pro and con - journalistic expression - public interest (campbell v mgn) (flitcroft v mgn)
• pro - family life - wide developing definition, inclusive, living instrument principle, present day conditions
• pro - family life - rights of child always paramount (johansen)
• con - family life - not always protected when one doesn't have right to stay in the country (agyarko) yet some prisoners remain (nasri) contradictory, unfair
• pro - home - owners, occupiers treated equally (kahtun v uk) fair, difficult to become house owner today
• pro - home - caravan recognised as home recognises different values and living choice, inclusive (connors v uk)
• con - home - controversial to call caravan a home (connors v uk), abuse of right
• con - home - controversial to call office home, home and work not synonymous (niemetz v germany)
• pro - surveillance - many forms, prevent and detect crime, investigatory powers act 2016 high level monitoring and use of powers to protect public (klass v germany)
• con - surveillance - ipa is snoopers charter, monitors millions of communications daily violates article 8