Law - Paper 3 - Section B - Article 8 ECHR (AO1 + AO3) ALL SOLUTION 2025/2026 EDITION GUARANTEED GRADE A+

Law - Paper 3 - Section B - Article 8 ECHR (AO1 + AO3) ALL SOLUTION 2025/2026 EDITION GUARANTEED GRADE A+ Introduction - What is A8? / When can it be restricted? - A8 is a qualified right, it can therefore be restricted if the 3 criteria in A8 (2) are met A8 (1) - What does this set out the right for? - This sets out the rights which are guaranteed to an individual by the state: They are the right to respect for: Private life Family life Home life and Correspondence A8 (2) - Definition - What is the definition of A8 (2) ? - There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of: A8 (2) - Restrictions - What are the 5 restrictions? - When deciding if the interference is unlawful what exercise is it and what must the courts be satisfied with? -National security -public safety, or the Economic well-being of the country -for prevention of disorder and Crime -for the protection of Health and morals -for the protection of the rights and freedoms of Others - As with A10, deciding whether the interference is unlawful is a balancing exercise and the courts must be satisfied the interference is necessary and proportionate to the aim identified. What are the 4 dimensions of A8 ? - Right to respect for private life - Family life - Home life - Correspondence A8 (1) - Private life (1) - Embraces ? - Case? - I... ? - Case? - A persons P... or P... ? - Case? - The right to form? - A persons S..? - Cases? (2 cases) - G... ? - Case? - Embraces personal information (Peck v UK) -Identity (S and Marper v UK) - A person's physical or psychological well being (Wainwright v UK) - The right to form relationships with others - A persons sexuality (Dudgeon v UK; Smith v UK) - Gender (Goodwin v UK) A8 (1) - Private life (2) - Not capable of? - Case? - Not limited to? - What can it cover? - Where? - Case? - The right not to be ... ? - Case? - Private life is not capable of exhaustive definition (Niemietz v Germany) - But is not limited to the "inner circle" of one's personal life - It covers relationships and conversations in the workplace (Halford v UK) - And the right not to be subject to unlawful surveillance (Klass v Germany) A8 (1) - Family life - Refers to the right to form ... ? / But this can include ... (Up to 6 relationships) - Case? - No set model of ... ? / Why? - J..... v Norway - What was it determined in this case? - Y.... v Netherlands - What was the quote from this case? - Refers to the right to form "family relationships" but this can include a wide range of relationships such as married and unmarried couples, parents and children, grandparents, adopted children and their partners; same sex parents etc. (W v UK) - No set model of a family or family life due to the margin of appreciation of different countries and their morals, culture and politics. - Johannsen v Norway - Sometimes the child's interests are greater than the interests of the parents - Yousef v Netherlands - "Child's rights are paramount" A8 (1) - Home life - The freedom to enjoy ... ? - Case? / Without ? (3 things) - What does it not cover? - What may it extend to? - Case? Mc.... v Mc.... - What can individuals not do? - K.... v UK - What were the facts of this case? - This is the freedom to enjoy a home (Gaskin v UK) without unlawful searches; entry or surveillance - It does not cover the right to housing or owning a home - It may extend to pollution and noise (Hatton v UK) - Mcdonald v Mcdonald - Individuals can only claim against a public body - Keegan v UK - Police raided the wrong house and therefore was a violation of Article 8. A8 (1) - Correspondence - What does this refer to? (3 things) / Without ? / 2 cases? - U... and u... communication. / - Case? - Refers to communication by letter, telephone, e-mail etc without interference (Daly v Home Secretary; Malone v UK) - Uninterrupted and uncensored communication (Klass v Germany) What is the 3 stage criteria ? - In accordance with the law - Legitimate aims - Necessary and proportionate A8 (2) - In accordance with the law - What must there be? - What does this not mean? / What must the law also meet? - It must be .... ? - It must be S.... C.... and A.... as to enable people to ... ? - What must it provide? - What does this mean? - Case? - There must be a legal basis for interference such as an Act of Parliament. - This does not simply mean that the interference is permitted by domestic law, the law must also meet the standards which have been laid down by the ECtHRs - It must be predictable - It must be sufficiently clear and accessible as to enable people to regulate their conduct by it and foresee the consequences of the law. - It must also provide safeguards against arbitrary interference - This means it must be possible to challenge the use of the powers - Malone v UK A8 (2) - Legitimate aims - N - Case? - E - Case? - C - Case? - H - 2 cases? - O - Case? -National security (Big Brother Watch v UK) -Public safety, or the economic well-being of the country (Hatton v UK) -For the prevention of disorder and crime (S and Marper v UK) -For the protection of health and morals (MS v Sweden) (Peck v UK) -For the protection of the rights and freedoms of others (AB v Secretary of State for Justice) A8 (2) - Necessary in a democratic society and proportionate - The interference must be ? - What has this been interpreted to mean? - What 2 things must there be? - In deciding the issue of necessity. what have the ECtHRs recognised? - Case? - Proportionate = SIRALS ? - The interference must be necessary in a democratic society - This has been interpreted to mean the interference must be necessary and proportionate to the aim being pursued. - There must be strong justification and a pressing social need. - In deciding the issue of necessity, the ECtHRs have recognised the concept of the margin of appreciation (Handyside v UK) - Proportionate = Sufficiently important / Rationally connected / Not Arbitrary / Little as possible interference / Not so severe so that it outweighs the objective. Breach of confidence - How has the law evolved in cases against private individuals/ bodies? - What does BOC no longer require? / Why? - Protection for ...? / In relation to proceedings against ...? - How can this be a stepping stone to accessing A8? - In cases against private individuals / bodies, the law on Breach of Confidence has evolved to provide more general protection to individuals seeking to protect their lives against other individuals or private bodies such as newspapers. - BOC claims no longer require an established relationship between the parties post HRA 1998. CONTINUED..