Publishing Images In Von Hannover v Germany involved proceedings by Princess Caroline of Monaco. She claimed proceedings in Germany inadequately protected her against the publication of private photographs. The court stated. “the Court reiterates the concept of private life extends to aspects relating to personal identity such as o the person’s name or a person’s picture. Furthermore, private life ……includes a person’s physical and psychological […]
Data reflecting Sexual Orientation Drelon v. France concerned, first, the collection and retention, by the French blood donation service (EFS) of personal data reflecting the applicant’s presumed sexual orientation – together with the rejection of his criminal complaint for discrimination – and, second, the refusal of his offers to donate blood, together with the dismissal by the Conseil d’État of his judicial review application challenging […]
Cultural Identity In Aksu v Turkey a book about the gypsies of Turkey was claimed to be offensive and contain negative stereotyping. The court held that the state’s positive obligation to protect private life was not breached. The protection for freedom of expression weighed in the balance and the decision was made within the state’s margin of appreciation. In Buckley v UK a gypsy who […]
Recording dissemination images In Von Hannover v Germany involved proceedings by Princess Caroline of Monaco. She claimed proceedings in Germany inadequately protected her against the publication of private photographs. The court stated. “the Court reiterates the concept of private life extends to aspects relating to personal identity such as o the person’s name or a person’s picture. Furthermore, private life ……includes a person’s […]
Personality and identity. Article 8 issues have sometimes arisen in the context of adopted or fostered children seeking to know the identity of their birth parents. Adoption systems usually provide for high levels of confidentiality. In Odievre v France the natural mother had requested that her identity not be disclosed. French law did not allow a mechanism for the child to learn about […]
Family life article 8 The European Court of Human Rights has developed and expanded on the meaning of the protection of family, life the home and correspondence in various contexts. In Niemietz v Germany the court indicated that it was “neither possible nor necessary to attempt an exhaustive definition of the notion of family life. However, it would be too restrictive to limit the […]
Family Life Article 8 The European Court of Human Rights has developed and expanded on the meaning of the protection of family, life the home and correspondence in various contexts. In Niemietz v Germany the court indicated that it was “neither possible nor necessary to attempt an exhaustive definition of the notion of family life. However, it would be too restrictive to limit the notion […]
Development The court has modified the approach to transsexuals in line with the changing consensus in society. In Goodwin v United Kingdom, a transsexual male to female by surgery lived as a woman but was deemed a man for UK registration purposes. However, states enjoyed a wide margin of appreciation, gender reassignment surgery was recognised by the National Health System. The failure to recognise gender […]
UK & Irish Cases In Dudgeon V UK and Norris v Ireland, Victorian legislation criminalising homosexual conduct regardless of consent between persons of full age in Northern Ireland and the Republic of Ireland respectively was found to breach Article 8. The maintenance in force of the impugned legislation constitutes a continuing interference with the applicant’s right to respect for his family private life (which included […]
In Slivenko v Latvia the court considered the effect on family life of immigration decisions particularly in relation to the deportation and the denial of family unity for persons already lawfully in the state. The children were daughters of a Russian officer who had lived in Latvia almost all their lives. The father moved to Russia, and they contested the deportation from Latvia on the […]
Embryo Donation Parrillo v. Italy 2015 (Grand Chamber) concerned a ban under Italian Law no. 40/2004, preventing the applicant from donating to scientific research embryos obtained from an in vitro fertilisation which were not destined for a pregnancy. The Court, which was called upon for the first time to rule on this issue, held that Article 8 (right to respect for private and family life) […]
Custody & Access In cases involving custody access and care, a balancing of state interests and private interests may arise. The State must balance those rights where they conflict. Each parent and, in some cases, other persons have a right to respect where their family ties with the child are the subject of the proceedings. The child has the right to respect for his family […]
Family and Private Life Article 8 of the European Convention provides that everyone has the right to respect for his family and private life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with law and is necessary in a democratic society in the interests of national security, […]