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Article 8 clearly provides a right to be free of unlawful searches, but the Court has given the protection for "private and family life" that this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article.
The family rights [1] or right to family life are the rights of all individuals to have their established family life respected, and to start, have and maintain a family. . This right is recognised in a variety of international human rights instruments, including Article 16 of the Universal Declaration of Human Rights, Article 23 of the International Covenant on Civil and Political Rights, and ...
Article 12 of the European Convention on Human Rights (ECHR) provides for two constituent rights: the right to marry and the right to found a family. [1] With an explicit reference to ‘national laws governing the exercise of this right’, Article 12 raises issues as to the doctrine of the margin of appreciation, and the related principle of subsidiarity most prominent in European Union Law.
Article 2 protects the right of every person to their life. The right to life extends only to human beings, not to animals, [23] nor to "legal persons" such as corporations. [23] In Evans v United Kingdom, the court ruled that the question of whether the right to life extends to a human embryo fell within a state's margin of appreciation.
Thus, in order to secure an individual's right to family life, the State may not only be obliged to refrain from interference therein, but positively to facilitate for example family reunions or parents' access to their children. The most prominent field of application of positive obligations is Article 8 of the European Convention on Human Rights.
Turkey (IV) (no. 25781/94), judgements of 10 May 2001 on the treatment of missing persons (art. 2, 3 and 5), the right of return of Greeks who have fled to the south (art. 8, 13 and P1-1), the rights of Greeks still living in the north (art. 3, 8, 9, 10, 13, P1-1, P1-2) and trial by military courts (art. 6). A subsequent judgement of 12 May ...
The test was developed in the Handyside v.United Kingdom, Silver v. United Kingdom, and Lingens v. Austria cases, related to freedom of expression. It has also been invoked in cases involving state surveillance, which the court acknowledges can constitute an Article 8 violation but may be "strictly necessary for safeguarding the democratic institutions" (Klass and Others v.
ECtHR found a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights; [3] a violation of Article 12 (right to marry and to found a family); and did not find a violation of Article 13 (right to an effective remedy). It found that no separate issue had arisen under Article 14 (prohibition ...