Welcome
Information to be remembered when discussing your case: Click Here

Welcome to Justice For Families. You are currently viewing our boards as a guest, which gives you limited access to view most discussions and access our other features. By joining our free community, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content, and access many other special features. Registration is fast, simple, and absolutely free, so please, join our community today!

ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

Postby Secrets on Thu Sep 17, 2009 2:08 pm

ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

MALONE V UK, 1984.
During M’s criminal trial it came to light that the police had tapped his telephone. After he had exhausted all his remedies under English Law, he complained to the Commission, which upheld his complaint, that there had been a breach of Article 8.

The Commission expressed an opinion on the meaning of a ‘family’ in case concerning a transsexual, X, Y AND Z V UK, 1995.
The Commission reported that the UK’s failure to recognise a female to male transsexual as the father of a child born to his partner as a result of artificial insemination by a donor, was a violation of the applicants’ right to family life under Article 8. The case had arisen because the Registrar-General had refused to register the applicant transsexual as the child’s father on the birth certificate, on the basis that only a biological man could be regarded as the child’s father for the purposes of registration and that it was a criminal offence to give false information to a registrar under the Perjury Act, l911.
The Court unanimously held that the ties of X, Y and Z were such as to constitute a family, but that there were “complex scientific, legal, moral and social issues in which there was no generally shared approach among contracting states” surrounding transsexuality. The Court held (14 to 6) that Article 8 could not be read so as to recognise as the father a person who was not the biological father

HATTON V UK, 2001.
The increase in the level of noise caused by aircraft using Heathrow at night since 1993 was a breach of the applicant’s rights to respect for their private and family lives and their homes as guaranteed by Article 8.

In a recent case, the Privy Council held that a ban on the consumption of alcohol imposed for reasons of physical and mental health as a condition of a doctor’s continued right to practice, was not a breach of Article 8 (1) WHITEFIELD V GENERAL MEDICAL COUNCIL, 2002.
Secrets
 
Posts: 1747
Joined: Mon May 12, 2008 9:15 pm
Location: Under the bed, hiding from our Police State.

Re: ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

Postby loving Mama on Fri Sep 18, 2009 2:38 am

Blood LA don't know the meaning of the words Respect & Privacy!!!

For Placement With Parent Reg's paperwork they asked me about my employment history, my hobbies and interests etc etc, when I declined to answer, as this information is not listed as being required in Stat Instruments for Placement with Parent Regs, the sw decided to list what she thought!! Total invasion of personal privacy!!!
loving Mama
 
Posts: 471
Joined: Sun Jan 18, 2009 3:00 am

Re: ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

Postby NRparent on Fri Sep 18, 2009 9:29 am

The LA would argue that the child's right to be protected is more important than the right to a private family life.....which most would agree...if the child needed to be protected and there was a real actual risk of being hurt.
NRparent
 
Posts: 1788
Joined: Sun Oct 28, 2007 10:25 pm
Location: south west.....

Re: ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

Postby dormammau1886 on Tue Nov 03, 2009 2:51 am

funny there dont see that thenn

>>>>There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.<<<<<

they done that with us and i best with all others two we carent even talk to our kids they record what we say the forst cares wont let us talk or tell the girls there rights now tell me this
if this is the law then why carnt i stop them and speak to my children????

dorm
dormammau1886
 
Posts: 82
Joined: Tue Nov 03, 2009 2:22 am
Location: redditch

Re: ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

Postby dormammau1886 on Tue Nov 03, 2009 2:53 am

[power flows to the one who knows how if I alone is not enough. :D "dormammau1886"]funny there dont see that thenn

>>>>There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.<<<<<

they done that with us and i best with all others two we carent even talk to our kids they record what we say the forst cares wont let us talk or tell the girls there rights now tell me this
if this is the law then why carnt i stop them and speak to my children????

dorm[/quote]
dormammau1886
 
Posts: 82
Joined: Tue Nov 03, 2009 2:22 am
Location: redditch


Return to General Chit Chat

Who is online

Users browsing this forum: No registered users and 0 guests