What does Article 8 say?

What does Article 8 say?

Article 8 protects your right to respect for your private and family life. Article 8 protects your right to respect for your private life, your family life, your home and your correspondence (letters, telephone calls and emails, for example).

On what ground can there be an interference with Article 8?

Examples of where there could be a breach of article 8 include: searches and surveillance of your home. separation of family members including deportation or removal of immigrants. care or adoption orders for children and interference with your parental rights.

Can you be deported if you have a child born in the UK?

Unfortunately, the truth is that it is possible for the Home Office to issue a deportation order against a parent if they have a child in the UK, even if that child is British. The challenge for those in such circumstances is to build a robust case for appeal based on a sound knowledge of the UK and human rights law.

What does the European Convention on Human Rights protect?

The European Convention on Human Rights (ECHR) protects the human rights of people in countries that belong to the Council of Europe. All 47 Member States of the Council, including the UK, have signed the Convention. Its full title is the ‘Convention for the Protection of Human Rights and Fundamental Freedoms’.

How does the European Convention on Human Rights protect citizens?

Governments signed up to the ECHR have made a legal commitment to abide by certain standards of behaviour and to protect the basic rights and freedoms of ordinary people. It is a treaty to protect the rule of law and promote democracy in European countries.

What is the purpose of Article 8 of the UDHR?

The primary purpose of Article 8 is to protect against arbitrary interferences with private and family life, home, and correspondence. This obligation is of the classic negative kind, described by the Court as the essential object of Article 8 (Kroon and Others v. the Netherlands, § 31).

How to invoke Article 8 of the Human Rights Act?

Everyone has the right to respect for his private and family life, his home and his correspondence. 2. 1. In order to invoke Article 8, an applicant must show that his or her complaint falls within at least one of the four interests identified in the Article, namely: private life, family life, home and correspondence.

What is the structure of Article 8 of the convention?

The structure of Article 8 Article 8 of the Convention–Right to respect for private and family life “1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2.

What is Article 8 of the Convention on private and family life?

Guide on Article 8 of the Convention – Right to respect for private and family life. European Court of Human Rights 30/118 Last update: 31.12.2018 private life is concerned by measures that take place outside a person’s home or private premises.

author

Back to Top