Chapter 6 Key facts checklists

Chapter 6 Key facts checklists

Right to family and private life
  • The right to family and private life is a qualified right.
  • Article 8 has been developed to expand protection of the European Convention on Human Rights (ECHR) through wide definitions and use of positive obligations.
  • The Court has defined private life widely and used the living instrument principle to include areas such as sexuality and the environment.
  • When examining the justification of an interference with the right, proportionality and margin of appreciation are decisive in many cases.
  • The right to family and private life may need to be balanced against other rights.
  • The Human Rights Act 1998 (HRA) has developed the right to privacy in the UK.
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