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To what degree of harm should Article 8 protect the right of the individual to consent?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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To what degree of harm should Article 8 protect the right of the individual to consent? "The jurisprudence with which Article 8, in common with the other terms of the Convention, is rapidly becoming encrusted shows that in order to condemn acts which appear worthy of censure they have had to be forced into the mould of Article 8, and referred to the concept of privacy, for want of any other provision which will serve. I do not deny that privacy of the conduct was an important element in the present case, but I cannot accept that this fact on its own can yield an answer." - Lord Mustill, R v Brown (1994)1 The Applicability of Article 8 Article 8 can be one of the most open-ended articles in the convention. It generally, however, uses concepts that are overly concerned with issues regarding privacy but engaged on much more specific levels. For...
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