Chapter 14 Guidance on answering the self-test questions

1. Compare and contrast the lists of legitimate purposes in Articles 8, 9, 10, and 11.

They have many common features, such as “rights of others” but are also tailored to the specific nature of the right – thus the right to free expression can be restricted in order to protect a person’s reputation. Unusually, Article 8 allows the right to private and family life to be interfered with in order to protect the economic development of the country.

2. By reference to Chapter 6, section 6.2, define the concept of ‘law’ used in the Convention.

The domestic law relevant to the issue must be “accessible”, “foreseeable” and non-arbitrary.

3. By reference to Chapter 6, section 6.5, define the concept of ‘proportionality’ used in the Convention.

There is no comprehensive definition. The underlying idea is that any interference with rights should reflect a “fair balance” of interests. Issues such as the existence of a blanket interference (in which no individual judgments can be made) or the lack of proper safeguards (an issue which may also relate to whether the interference is by “law” or not) are matters which contribute to the question of a fair balance.