article 8 eval

• pro - qualified right - gives state positive obligations to protect the right
• pro - family life - wide def to include multiple different family types
• pro - living instrument principle allows law to change with societies views
• pro - wide def of private life - gives lots of protection
• pro - home occupiers and owners are treated the same
• pro - wide def of home to include place where you spend most of your time and also where you spend some time to include second homes
• pro - wide def of home to include place where you spend most of your time and also where you spend some time to include second homes
• pro - press intrusion - neither a8 or a10 take priority
• pro - sheffield and horsham v uk - states have a positive obligation to review law
• pro - halford v uk - surveillance such as listening to phone calls is a breach
• s + marper v uk - violation to keep dna indefinatly
• con - qualified right - can be limited but scenarios are unclear as it is subjective and state by state
• con - family life - some relationships aren't deemed enough to prevent deportation
• con - weakness of private life is that dna is still kept on criminal system for many people even if not guilty
• home - depends on type - illegally parked caravan