Article 8

• Article 8


  A qualified right which means that the state needs to balance the rights of the individual and the rights of the community. The state can limit those rights in accordance with the law and if it is necessary to meet a legitimate aim.
• Article 8(1)


  Everyone has the right to respect for his private and family life, his home and his correspondence
• Respect


  The state must not interfere with the rights given in Article 8 and has a positive obligation to protect this right. The state must take positive steps to protect this right and keep it under review.
• Cases illustrating positive obligation

  • Sheffield and Horsham v UK - the UK passed the Gender Recognition Act 2004 and the Marriage (Same Sex Couples) Act 2013 and updated the law accordingly.
• Article 8(1) protected interests

  • Private life
  • Family life
  • Home
  • Correspondence
• Private life


  • Has a wide meaning and includes various aspects
• Aspects of private life

  • The physical integrity of a person
• Physical integrity of a person

  The ECHR has established that personal choices as to an individual's desired appearance, whether in public or in private, relate to the expression of his or her personality and fall within the notion of private life.
• Cases on physical integrity of person


  • Tığ v Turkey: Court held that there was no violation of Article 8 when the applicant was refused entry to university because of his beard.
  • S.A.S. v France: The criminalisation of wearing a veil was a violation of Article 8. However, the ban on wearing the veil in public was upheld as it serves to achieve a legitimate aim.
  • In Gough v. the United Kingdom, the Court held that his actions were not a violation of Article 8
• Cases have included appearing naked in public places


  • In Gough v. the United Kingdom, the Court held that his actions were not a violation of Article 8
• Police interference


  • In Gillian and Quinton v. the United Kingdom, the ECHR believed that their stop and search was a disproportionate use of power and hence violated Article 8
• Surveillance 


  In Halford V UK it was held to be a breach of Article 8
• Aspect of private life

  Sex life and gender
• Explanation of sex life and gender


  The ECtHR has held that elements such as gender identification, name and sexual orientation and sexual life are important elements of the personal sphere protected by article 8