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Article 8 European Convention on Human Rights - Right to respect for private and family life

 
Article 8
 
"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." 
 
 
 
This imposes two obligations on states:
 
1. Not to interfere with the stated rights
 
2. A positive obligation to prevent others  from interfering with those rights
 
 
 
Article 8 is a qualified right, meaning the state may lawfully limit the rights conferred. The courts need to balance the competing interest of the individual as against the community as a whole.