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Smith and Grady v United Kingdom (1999) 29 EHRR 493 – The investigation into and subsequent discharge of personnel from the Royal Navy on the basis of sexual orientation was a breach of the right to a private life under Article 8. Van Kück v. Germany [2003] ECHR 285 – Inadequate access to a fair hearing in a case involving reimbursement by ...
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.
Furthermore, Article 8 sometimes comprises positive obligations: [41] 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 ...
Article 8 of the European Convention on Human Rights; Retrieved from " ...
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 .
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 right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.
The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession ...