Monday, 13 May 2013

Article 8 Right to respect for private and family life - UK cases in the European Court of Human Rights

Inforrm noted that the House of Commons Library had published  UK Cases at the European Court of Human Rights since 1975, with links to post-September 1997 judgments, and that a Twitter request by Adam Wagner (UK Human Rights Blog) for a breakdown by category resulted in the production of a Word document from University of Law’s Trevor Jackson and an Excel spreadsheet from David Charlton.

Below I've extracted the Article 8 (privacy-related) cases from Trevor Jackson's Word document (up to 30 April 2013, but cases seem to be covered only to 13 Nov 2012):

 

21 February 1975 Golder Interference with prisoner’s correspondence, Breach of Articles 6.1 and 8

25 April 1978 Tyrer Inhuman and degrading treatment. Judicial corporal punishment. Breach of Article 3. No breach of Article 8 (corporal punishment, destructive of family well-being), Article 13 (no effective remedies), Article 14 (financial and social discrimination)

22 October 1981 Dudgeon Right to respect for private life (existence in criminal law of various offences capable of relating to male homosexual conduct in Northern Ireland). Breach of Article 8

25 March 1983 Silver Control of mail by prison authorities. Right to respect for correspondence and freedom of expression: breach of Article 8. No effective domestic remedy: breach of Article 13. Denied access to the courts on account of refusal of two petitions for permission to seek legal advice: breach of Article 6.1

28 June 1984 Campbell and Fell Conduct of disciplinary proceedings; delay in obtaining legal advice (right of access to court, right to respect for correspondence); refusal of independent medical examination. Breach of Articles 6, 8 and 13. No breach of Article 6

2 August 1984 Malone Interception of telephone conversation and correspondence, telephone calls being ‘metered’ by device recording numbers dialled: Breach of Article 8

28 May 1985 Abdulaziz, Cabales and Balkandali Immigration: discrimination on grounds of sex: breach of Articles 13 and 14 in one respect only. No breach of Articles 3 or 8

17 October 1986 Rees Rights of transsexual: changing sex on birth certificate. No breach of Article 8 or 12

1986 Gillow Interference in right to respect for home in Guernsey: breach of Article 8, regarding application of Housing Control (Extension and Amendment) (Guernsey) Law 1957 by the Housing Authority: no breach of Article 6 or 14

8 July 1987 O Inability to challenge decisions on access rights to children: Breach of Article 6.1. No breach of Article 8

8 July 1987 H,W,B,R Child care decisions (absence of remedy to challenge decisions, denial of hearing within reasonable time): breach of Articles 6.1 and 8

27 April 1988 Boyle and Rice Right to respect for family and private life, home and correspondence. Right to receive visits in prison; right to send

more than one free letter a week; right to have access to telephone and censorship of prison mail: breach of Article 8

30 March 1989 Chappell Terms, content and manner of service of the Anton Pillar Order: no breach of Article 8

7 July 1989 Gaskin Refusal of access to applicants’ child care records; right to respect for private and family life: breach of Article 8. Right to

receive information: no breach of Article 10

30 August 1990 McCallum Various complaints concerning the conditions, correspondence and circumstances of Scottish prisoner’s imprisonment: breach of Article 8

1990 Cossey Birth certificate for transsexual. Under English law applicant cannot claim full recognition of changed status and cannot enter into a valid marriage with a man: no breach of Articles 8 and 12

25 March 1992 Campbell Interference by prison authorities with prisoner’s correspondence: breach of Article 8

25 March 1993 Costello Roberts Corporal punishment: no breach of Article 3. Right to respect for private and family life (as a result of corporal punishment): no breach of Article 8. No effective domestic remedies for the complaints: no breach of Article 13

28 June 1993 Lamguindaz Party Deportation (Article 8 and 14): friendly settlement Details of Case

28 February 1994 Boyle Refusal by local authority to allow access to nephew in care and absence of any possibility before entry into force of the Children Act 1989 of applying to courts for access; right to respect for family life (Article 8): friendly settlement

1994 Fayed State investigation into affairs of private company. Inspectors’ report determined civil right to honour and reputation. Denied effective access to a court in determination of this civil right: no breach of Article 6.1. Not necessary to examine: denied effective domestic remedies to challenge findings of Inspectors (Article 13); presumption of innocence (Article 6.2); unjustifiable interference with honour and reputation, right to respect for private life (Article 8); peaceful enjoyment of possessions (Article 1, Protocol No. 1)

28 October 1994 Murray Arrest and detention of six people in Northern Ireland. Right to respect for private and family life and home: no breach of Article 8. No effective remedy: no breach of Article 13. Arrest and questioning of first applicant and detention of five other applicants: no breach of Article 5.1, 5.2, 5.5

24 February 1995 McMichael Parental rights and right of access to custody documents: breach of Article 8. Re. Mrs McMichael, breach of Article 6.1 and 8. Re. Mr McMichael: no legal right to obtain custody of son or participate in the custody or adoption proceedings: no breach of Article 6.1 or 14

26 September 1996 June Buckley Right to live with family in caravans on own land and follow traditional gypsy lifestyle: no breach of Article 8

22 October 1996 Stubbings and Others Denied access to court regarding compensation claims for psychological injury caused by childhood sexual abuse due to operation of Limitation Act 1980: no breach of Article 6. State’s failure to protect right to respect for private life because no civil remedy for childhood abuse: no breach of Articles 8 or 14

19 February 1997 Laskey, Jaggard and Brown Prosecution and conviction of sado-masochists; interference with right to respect for private life: no breach of Article 8

22 April 1997 X,Y and Z Recognition of trans-sexual father of child; right to respect for family and private life because of lack of recognition of first applicant’s role as father to third applicant; resulting situation in which they were placed was discriminatory. Breach of Article 8

25 June 1997 Halford Right to respect for private life and freedom of expression (telephone tapping): breach of Article 8. No effective domestic remedy in relation to the interceptions: breach of Article 13. Sex discrimination: not necessary to examine Article14

9 June 1998 L.C.B Failure to be warned of effects of exposure to radiation (Articles 2 and 3). Subjection to harassment and surveillance (Article 8). Court has no jurisdiction to consider alleged breaches of Articles 2, 3, 8 and 13

10 July 1998 Tinnelly & Sons Ltd and Others and McElduff and Others Denied access to an independent and impartial tribunal; interference with right to respect for private and family life. No jurisdiction to consider breaches of Articles 8, 13 and 14. Victims of discrimination on religious grounds: breach of Article 6.1

30 July 1998 Sheffield and Horsham Failure of State to recognise post-operative transsexuals: no breach of Articles 8, 12 or 14

28 October 1998 Osman Police Immunity, failure to protect lives and prevent harassment of family. No access to court or effective remedy: breach of Article 6.1. No breach of Articles 2 and 8

27 September 1999 Lustig-Prean and Beckett Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8

27 September 1999 Smith and Grady Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8; degrading treatment: no breach of Article 3; availability of effective remedy: breach of Article 13

30 March 2000 J.T Respect for private life of involuntary psychiatric detainee: struck off list [friendly settlement] [application under Article 8]

12 May 2000 Khan Absence of legal basis for interception of conversation by listening device on private property: breach of Article 8. Use in criminal proceedings of evidence obtained in breach of Article 8: no breach of Article 6.1. Absence of effective remedy in respect of complaint about interception of conversation: breach of Article 13

20 June 2000 Foxley Redirection of bankrupt’s mail to the trustee in bankruptcy: breach of Article 8

31 July 2000 A.D.T Conviction for gross indecency between men: breach of Article 8

19 September 2000 Glaser Enforcement in Scotland of contact order of English court granting father access to children: no breach of Article 8. Length and fairness of civil proceedings: no breach of Article 6.1. Alleged failure of courts to respect parent’s freedom of religion in child access proceedings: no breach of Article 9

21 December 2000 Varey Refusal of planning permission for gypsies for residential caravan on land owned by them (Arts. 8 and 14): struck off list (friendly settlement)

18 January 2001 Beard Refusal of planning permission for gypsies for residential caravan on land owned by them (Article 8) and alleged discrimination (Article 14): no breach

6 February 2001 Bensaid Inhuman treatment; threatened expulsion of schizophrenic to Algeria: no breach of Articles 3, 8 or 13

27 March 2001 Sutherland Difference in age of consent for homosexual and heterosexual relations (Article 14+8): struck off list

10 May 2001 T.P. and K.M. Failure of social services to involve a parent in decisions on care of child following removal of child due to suspected sexual abuse: breach of Article 8. Access to court (striking out of claims against local authority on ground that no duty of care in exercising statutory powers in relation to child care): no breach of Article 6.1. Lack of effective remedy: breach of Article 13

25 September 2001 P.G and J.H. Absence of legal basis for installing covert listening device in private property; absence of legal basis for covert recording of voice samples at police station: breach of Article 8. Acquisition by police of information on use of private telephone: no breach of Article 8. Non-disclosure of material by prosecution on grounds of public interest immunity: no breach of Article 6.1. Use in criminal proceedings of evidence obtained in breach of Article 8: no breach of Article 6.1. Absence of effective remedy regarding complaints about use of covert listening devices: breach of Article 13

2 October 2001 Hatton and Others Interference with right to respect for private and family lives and the home (from aircraft noise, causing sleep disturbance): breach of Articles 8 and 13

29 April 2002 Pretty Refusal to give advance undertaking not to prosecute husband for assisting wife to commit suicide: no breach of Articles 2, 3, 8 and 9. Alleged discrimination against those physically incapable of committing suicide: no breach of Article 14

4 June 2002 William Faulkner Interference with prisoner’s correspondence: breach of Article 8

11 July 2002 I. Lack of legal recognition of transsexual: breach of Article 8. Impossibility for transsexual to marry: breach of Article 12

11 July 2002 Christine Goodwin Lack of legal recognition of transsexual: breach of Article 8. Impossibility for transsexual to marry: breach of Article 12. Effective remedy: no breach of Article 13

16 July 2002 P., C. and S. Absence of legal representation in proceedings concerning child care: breach of Article 6.1. Taking of child into care at birth on emergency basis: breach of Article 8. Procedures concerning care and freeing for adoption orders: breach of Article 8

16 July 2002 Armstrong Absence of legal basis for covert audio surveillance by the police: breach of Article 8. Absence of effective remedy: breach of Article 13

24 September 2002 M.G. Refusal of access to records of time spent as child in public care: breach of Article 8

10 October 2002 D.P. & J.C. Alleged failure of social services to protect children from sexual abuse: no breach of Article 3 + 8. Access to court (striking out claims against local authority on ground that no duty of care in exercising statutory powers in relation to child care) : no breach of Article 6.1. Lack of effective remedy: breach of Article 13

22 October 2002 Perkins and R Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8

22 October 2002 Taylor-Sabori Absence of legal basis for interception by police of pager messages sent via private communications system: breach of Article 8. Lack of effective remedy: breach of Article 13

22 October 2002 Beck, Copp and Bazeley Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8. Degrading treatment: no breach of Article 3. Availability of effective remedy: breach of Article 13

5 November 2002 Allan Absence of legal basis for covert recording of remand prisoner at police station: breach of Article 8. Use in criminal proceedings of evidence obtained by police informer put in suspect’s cell: breach of Article 6.1. Absence of effective remedy: breach of Article 13

28 January 2003 Peck Disclosure to public of CCTV images recorded in a public place: breach of Article 8. Lack of effective remedy: breach of Article 13

27 May 2003 Hewitson Absence of legal basis for installation of listening device on private property: breach of Article 8

12 June 2003 Chalkley Absence of legal basis for interception of conversation by means of listening device on private property: Breach of Article 8. Absence of effective remedy: breach of Article 13

8 July 2003 Hatton and Others (referral case) Noise nuisance from night flights: no breach of Article 8. Scope of judicial review: breach of Article 13

17 July 2003 Perry Covert filming of suspect at police station for identification purposes: breach of Article 8

29 July 2003 Brown Dismissal of homosexual from the armed forces following investigation into private life; availability of effective remedy; alleged discrimination: struck off list (friendly settlement)

25 November 2003 Lewis Absence of legal basis for installation of listening device on private property: breach of Article 8. Lack of effective remedy: breach of Article 13

10 February 2004 B.B Different treatment of homosexuals and heterosexuals over age of consent: breach of Article 14 + 8

19 February 2004 Martin Covert surveillance of private home by local council: struck off list (friendly settlement)

9 March 2004 Glass Interference by NHS Trust with right to respect for private life (UK law and practice failed to guarantee physical and moral integrity): breach of Article 8

16 November 2004 Wood Interception of covert recordings by police while being held in custody: breach of Article 8; Absence of effective remedy in respect of complaint about interception of conversation: breach of Article 13

19 October 2005 Roche Denied adequate access to a court as a result of the certificate issued by the Secretary of State under section 10 of the Crown Proceedings Act 1947: no breach of Article 6.1; denied access to a “possession” (a claim in negligence against the MoD) until deprived of it, in an unjustified manner, when the Secretary of State issued the section 10 certificate: no breach of Article 1 of Protocol No. 1; Section 10 of the 1947 Act was discriminatory: no breach of Article 14 in conjunction with Article 6 and Article 1 of Protocol No.1; lack of effective remedy: no breach of Article 13 in conjunction with Article 6 and Article 1 of Protocol No. 1; failure to provide information regarding tests in Portadown to allay fears linked to private and family life: breach of Article 8; right to receive information: no breach of Article 10

23 May 2006 Grant Rights of transsexual: lack of legal recognition of her change of gender and the refusal of the Department of Social Security (DSS) to pay her a retirement pension at the age of 60: breach of Article 8; refusal to pay State Pension at 60: no breach of Article 1 of Protocol No.1

20 June 2006 Elahi Absence of legal basis for a covert listening device on private property to obtain material which was subsequently relied on by the prosecution: breach of Article 8

18 July 2006 Keegan Failure by police to take reasonable and available precautions “necessary in a democratic society”: breach of Article 8; lack of effective remedy: breach of Article 13

26 September 2006 Wainwright Strip and intimate body searches when seeking to visit a relative in prison was highly distressing and constituted degrading treatment: no breach of Article 3. Breach of Article 8; unavailability effective remedy: breach of Article 13

3 April 2007 Copland Monitoring activity amounting to an interference with the right to respect for private life and correspondence: breach of Article 8

4 December 2007 Dickson Refusal of access to artificial insemination facilities: breach of Article 8

13 May 2008 McCann Lack of adequate procedural safeguards: breach of Article 8

1 July 2008 Liberty and Others The examination, use and storage of intercepted communications constituted an interference: breach of Article 8

30 September 2008 R.K and A.K. Care order constituted an interference with the right to respect for family life: no breach of Article 8; redress was not available at the relevant time: breach of Article 13

4 December 2008 S. and Marper Retention of fingerprints, cellular samples and DNA profiles interfered with the right to respect for private life: breach of Article 8

2 June 2009 Szuluk Monitoring of medical correspondence whilst in prison breached right to respect for correspondence and private life: breach of Article 8

24 November 2009 Omojudi Deportation to Nigeria violated right to respect for family and private life: breach of Article 8

12 January 2010 Gillan and Quinton The powers of stop and search constituted interferences with their right to respect for private life: breach of Article 8

12 January 2010 Khan A.W. Deportation to Pakistan violated right to respect for family and private life: breach of Article 8

16 March 2010 A.D. and O.D. Decision to take the second applicant into local authority care violated their rights: breach of Article 8; absence of effective remedy: breach of Article 13 in conjunction with Article 8 in relation to first applicant; absence of effective remedy: no breach of Article 13 in relation to second applicant

23 March 2010 M.A.K. and R.K. Separation during the ten days that the second applicant was in hospital violated their right to respect for their private and family life: breach of Article 8 in relation to first and second applicant; withdrawal of legal aid deprived second applicant of a effective remedy within the national legal system for the complaint under Article 8: breach of Article 13 in relation to first applicant

18 May 2010 Kennedy Denied effective remedy; alleged interception of applicant’s communications: no breach of Articles 8, 6.1 or 1

21 September 2010 Kay and Others Leases of housing units provided to applicants by charitable housing trust under special scheme terminated by Lambeth B.C. Applicants complained of possession proceedings brought against them and inability to challenge possession orders: breach of Article 8

10 May 2011 Mosley Absence of legal duty on media to notify in advance the subjects of intended publications: no breach of Article 8.

31 May 2011 R. and H. Freeing order a disproportionate interference with the parents’ rights; procedurally improper for a freeing order to be made in advance of an adoption order: no breach of Article 8 and no separate issue arising under Article 6.

19 July 2011 Goggins Collection and retention of DNA and fingerprints despite acquittal or abandoned criminal proceedings: UK Government admitted breach of Article 8.

20 September 2011 A.A. Removal to Nigeria following conviction and release on licence: breach of Article 8 in the event of deportation.

27 September 2011 Bah Local authority refusal to prioritise social housing request of Sierra Leonean national: no breach of Article 14 taken in conjunction with Article 8.

20 December 2011 A. H. Khan Deportation to Pakistan following history of offending: no breach of Article 8.

[Added by KH 16 June 2013] 7 February 2012 Axel Springer AG v Germany When right to reputation under Article 8 is engaged, balancing Articles 8 and 10, and when ECHR substitutes its views for domestic courts'. Inforrm write-up

14 February 2012 Hardy and Maile Failure to assess marine pollution risk from operation of liquefied natural gas terminals and to disseminate relevant information: no breach of Article 8.

13 March 2012 Y.C. Failure to order assessment of claimant as sole carer for son and to have regard to all relevant considerations when making placement order: no breach of Article 8.

10 April 2012 Balogun Deportation to Nigeria following serious drugs-related convictions: no breach of Article 8.

17 July 2012 Munjaz Applicant’s placement in seclusion at Ashworth Special Hospital: no breach of Article 5; no breach of Article 8.

18 September 2012 Buckland Upholding of possession order despite applicant’s inability to challenge decision: breach of Article 8.

[Added by KH 16 June 2013] 9 Oct 2012 Alkaya v Turkey (French only) - disclosure of the home address of a Turkish actress in a newspaper article was a breach of Article 8. Inforrm write-up.

6 November 2012 Hode and Abdi Inability of immigrants with limited leave to remain as refugees to be joined by post-flight spouses: breach of Article 14 in conjunction with Article 8.

13 November 2012 M.M. Retention of caution on criminal record for life: breach of Article 8. [Request for referral to Grand Chamber pending.]

13 November 2012 Van Colle Fatal shooting of a prosecution witness by accused in theft proceedings: no breach of Articles 2 or 8. [Request for referral to Grand Chamber pending.]

[Added by KH 16 June 2013] Ageyvey v Russia ([2013] ECHR 346) breaches of Article 8. Allegations of child abuse by parents of an adopted child.  In particular, failure adequately to investigate the unauthorised disclosure of confidential information, and failure to protect the right to reputation of a parent suspected of child abuse. Inforrm write-up.