case law on article 8
How does Article 8 apply to children and young people?
Article 8 of the Act in particular applies to children and young people by providing for the right to respect for private and family life, home and correspondence: (1) Everyone has the right to respect for his private and family life, his home and his correspondence.
Does Article 8 impose a general obligation on a state?
403. Where immigration is concerned, Article 8, taken alone, cannot be considered to impose on a State a general obligation to respect a married couple’s choice of country for their matrimonial residence or to authorise family reunification on its territory (Jeunesse v. the Netherlands [GC], § 107; Biao v. Denmark [GC], 2016, § 117).
Why did the applicants complain of violation of Article 8?
Germany (2002) In this case the applicants complained of violation of Article 8 on the grounds that the removal of their parental rights and the placement of their daughters into foster care (they were placed in separate, unidentified foster homes), with severe contact restrictions, had interfered with their right to a family life.
What is a case law relating to Article 8?
This article reviews case law relating to Article 8 and children and young people with respect to family life, confidentiality and duty of care. Nielsen v. Denmark (1988) This case, involving a 12-year-old boy being placed in psychiatric care by his mother, produced a useful definition of family life:
Key Points
The taking of surveillance evidence secretly on behalf of the state represented a breach of Article 8 rights. (Right to respect for private and family life).However the use of that evidence at a hearing had not led to a breach of Article 6 rights. (Right to a fair hearing). civillitigationbrief.com
The Case
The applicant was injured in an accident and claimed on the compulsory insurance scheme in Switzerland. The private insurance company that administered the scheme carried out surveillance in public places. That evidence was subsequently admitted at a hearing. The applicant complained that there was a breach of her Article 8 and Article 6 rights. It
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