article 8 eval

• pro - wide definition given to 'family life' to include different types of relationships such as grandchildren, adopted children etc.
• pro - qualified right meaning there needs to strike a balance between the rights of the individual and the rights of the community. - meaning that the state cannot interfere unless to meet a legitimate aim of national security etc
• pro - private life is given a wide definition and covers many aspects to 'ensure the development of the personality of each individual in his relations with other humans'
• pro - the living principle can have an effect on changing law - seen in SHEFFIELD & HORSHAM vs UK - passed the gender recognition act 2004
• con - the national DNA database hold samples from over 5 million people some of who weren't convicted of a crime showing a violation of A8 as keeping their DNA
• con - people might feel as if they are being too closely watched and monitored under the Investigatory Powers Act 2016 - can show a violation of their private life
• con - sometimes the press will favour article 10 over article 8 because the person is famous and might be in the 'public interest' when they might not be
• con - criminals are allowed to stay in the country but immigrants aren't
• pro - rights of the child are paramount to the right of an adult
• pro - home can include your personal home as well as a secondary home e.g where you spend most of your time such as school or work
• con - margin of appreciation can be controversial

  • wide - more discretion can lead to inconsistency across member states
  • narrow - less discretion - likely for violation to occur