The court discussed the significance of article 8: ‘Article 8 of the Convention protects the individual’s right to respect for his private and family life, his home and his correspondence. A home will usually be the place, the physically defined area, where private and family life develops. The individual has a right to respect for his home, meaning not just the right to the actual physical area, but also to the quiet enjoyment of that area. Breaches of the right to respect of the home are not confined to concrete or physical breaches, such as unauthorised entry into a person’s home, but also include those that are not concrete or physical, such as noise, emissions, smells or other forms of interference. A serious breach may result in the breach of a person’s right to respect for his home if it prevents him from enjoying the amenities of his home (see Hatton v UK [2003] ECHR 36022/97 at para 96).’
Citations:
4143/02, [2004] ECHR 633, (2005) 41 EHRR 40
Links:
Statutes:
European Convention on Human Rights 8, European Convention on Human Rights 8
Jurisdiction:
Human Rights
Cited by:
Cited – G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust Admn 20-May-2008
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law.
Held: The claim failed. The legislative objectives were sufficiently serious to . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 10 July 2022; Ref: scu.227755