According to the
under noted,
NAC must ensure they show ‘justification’ for the interference in the private lives of citizens under Article 8 of the Human Right Act 1998; at no time in the Proposal to Amalgamate
Towerlands Primary School with
Broomlands and
Fencedyke Primary Schools have
NAC done so.
Costly legal action is a real possibility if the proposal is approved and parents/carers, and/or children, decide they want their human rights enforced;
NAC must explain how it would deal with such an outcome and what potential costs are involved.
“A guide to the Human Rights Act 1998: Third Edition”, pages 21 & 22; Department for Constitutional Affairs, [Web]
http://www.dca.gov.uk/peoples-rights/human-rights/pdf/act-studyguide.pdf, [Last Accessed 17 March 2008].
Article 8: Private life and family
3.68 You have the right to respect for your private and family life, your home and your correspondence. Article 8 is an example of a qualified right in the
ECHR. This means that
there is a framework in place against which any interference with your rights by the state must be judged to see if it is acceptable.
What does private life cover?
3.69 The concept of “private life” is broad. In general, your right to a private life means that you have the right to live your own life with such personal privacy as is reasonable in a democratic society, taking into account the rights and freedoms of others.
Any interference with your body or the way you live your life needs to be justified. Your Article 8 rights include matters of
self determination that may include, for example:
• freedom to choose your sexual identity
• freedom to choose how you look and dress
• freedom from intrusion by the media.
3.70 Your right to private life can also include the right to have information about you, such as official records, photographs, letters, diaries and medical information, kept private and confidential. Unless there is a very good reason, public authorities should not collect or use information like this; if they do, they need to make sure the information is accurate.61
3.71 Article 8 places limits on the extent to which a public authority can do things which invade your privacy about your body without your permission. This can include activities such as taking blood samples and performing body searches.62
3.72 In some circumstances, the state must take positive steps to prevent intrusions into your privacy by other people. For example, the state may be required to take action to protect individuals from serious pollution where it is seriously affecting their lives.63
What does family life cover?
3.73 Your right to respect for family life includes the right to have family relationships recognised by the law. It also includes the right for a family to live together and enjoy each other’s company. Unmarried mothers are always covered by “family”; foster families may be.
What does respect for my home cover?
3.74 You have the right to enjoy living in your home without public authorities intruding or preventing you from entering it or living in it. You also have the right to enjoy your home peacefully. This may mean, for example, that the state has to take action so that you can peacefully enjoy your home, for example, to reduce aircraft noise or to prevent serious environmental pollution. Your “home” may include your place of business. You don’t have to own your home to enjoy these rights.
What about correspondence?
3.75 Again, the definition of “correspondence” is broad, and can include communication by letter, telephone, fax or email.
Can a public authority interfere with my Article 8 rights?
3.76 Yes. But
it would have to be shown that: the interference had a clear legal basis; the aim of the interference was either national security, public safety, protection of the economy, prevention of crime, the protection of health or morals or the protection of the rights and freedoms of others; it was necessary (and not just reasonable) to interfere with your rights for one of the permitted reasons; and that the interference was proportionate, going only as far as was required to meet the aim.
3.77
Before taking decisions affecting people’s rights under Article 8, a public authority will have to weigh all the competing interests carefully so as to justify any interference.Labels: Government Articles