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Furthermore, Article 8 sometimes comprises positive obligations: whereas classical human rights are formulated as prohibiting a State from interfering with rights, and thus not to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the State to ...
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" [1] and proportional to the legitimate aims enumerated in each article. [2]
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) [1] is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe, [2] the convention entered into force on 3 September 1953.
A, B and C v Ireland is a landmark 2010 case of the European Court of Human Rights on the right to privacy under Article 8.The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies ...
It is a practical means of protecting human rights on the state level and requires the state to not just only protect human rights de jure but also in practice for individual cases. [3] [5] [6] [7] The right to an effective remedy is commonly recognized as a human right in international human rights instruments. [1] [2] [8] [9]
Pages in category "Article 8 of the European Convention on Human Rights" The following 49 pages are in this category, out of 49 total. This list may not reflect recent changes .
Article 8 of the European Court of Human Rights has been interpreted to include "personal identity" within the meaning of "private life." [2] Article 8 protects against unwanted intrusion and provides for the respect of an individual's private space. Professor Marshall explains that this space is necessary for individuals to "think reflectively ...
Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations. Classical human rights, such as the right to life or freedom of expression, are formulated or ...