A8 ECHR

Question 1

4 dimensions of personal autonomy

Answer 1

1. Private life
2. Family life
3. Home
4. Correspondence

Question 2

Negative obligation of A8

Answer 2

• Refrain from making laws that interfere with rights in A8
• Not to disclose or pry matters confidential to an individual
• Must balance individual interests with community interest MARCKX

Question 3

Positive obligation of A8

Answer 3

• Must actively protect rights particularly against third party violation
• JOHNSTON v IRELAND = positive obligation of public authority to protect

Question 4

Concept of private life

Answer 4

X & Y = encapsulates right to physical and psychological autonomy
PRETTY v UK = encompasses aspects of physical and social identity and right to self-determination

Question 5

Case law on ABORTION

Answer 5

ABC v IRELAND

Question 6

ABC v IRELAND

Answer 6

• Challange under ECHR to abortion law in Ireland
• Lack of consensus of MSs on balance between rights of woman and unborn child
• Is it right to take into account Ireland’s ‘profound moral values as to the nature of life’
• Although it was ruled no violation of A8 due to margin of appreciation for culture -> is that ok???

Question 7

A8 on sexual life

Answer 7

DUDGEON v UK

ADT v UK

Question 8

DUDGEON v UK

Answer 8

• 1981 N. Irish legislation classified homosexual relations illegal
• Applicant said he experienced fear of blackmail/harassment, suffering and distress by the laws existence
• Court found law to be disproportionate for and its supposed protection of morals, rights and freedoms etc stupid
• Violation of A8

Question 9

ADT v UK

Answer 9

• Applicant argued him being prosecuted for sex acts with multiple consenting men in his own home = interference under A8
• Held acts were purely private in nature = violation