Analysis of the Right to Private and Family Life in the UK

This essay delves into the Right to Private and Family Life as enshrined in the European Convention of Human Rights (ECHR), specifically focusing on Article 8. It examines the scope of this right, encompassing family life, home, and private life, and discusses the limitations and obligations associated with it. The essay analyzes relevant case law, such as X, Y and Z v United Kingdom and Niemietz vs Germany, to illustrate the application of Article 8. It explores the implications of the British Bill of Rights and considers which rights from the ECHR should be prioritized, with an emphasis on the right to life. The essay also discusses the role of public authorities, the impact of domestic violence, and the balance between individual rights and societal interests. The conclusion highlights the ongoing relevance of the ECHR and the potential impact of the British Bill of Rights on human rights protection in the UK.

Running head: THE RIGHT TO THE PRIVATE AND FAMILY LIFE
THE RIGHT TO THE PRIVATE AND FAMILY LIFE
Name of the Student
Name of the University
Author note

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Introduction
British Bill of Rights was suggested by Second Cameron Ministry. It was included in
their manifesto in 2015 general election. Human Rights Act 1998 was replaced by this law1.
Prior to the general election of 2010, leader of Conservative party, Mr. David Cameron
suggested removing Human Rights Act by the latest British Bill of Rights. Succeeding the
formation of the association with Liberal Democrats, these intentions were successful after
wining of the Conservative Party with a huge majority2. The Former Prime Minister David
Compton mentioned that it was a complete clutter of Britain Human Rights Laws.
This essay discusses regarding the Right to the private and family Life of European
Conservation of Human Rights. This essay includes which right from European Convension of
Human Rights should be involved at first into a proposed British Bill of Rights by the
Conservatives.
The Right to the private and family life
 About the Article 8
Article eight of European Conservation of Human Rights gives a proper respect to
the private and family life of a citizen, his accomodation as well as his family. This law
gives certain restrictions that are related to the law as well as it is very important for the
formation of the democratic society. The European Convention of Human Rights is an
1 Aydın-Aitchison, A. and Mermutluoğlu, C., 2020. Mapping human rights to democratic policing through
the echr. Security and Human Rights, 30(01), pp.1-28.
2 Birkinshawo life, P., 2020. United Kingdom judges and European integration. Rivista Italiana di diritto
pubblico comunitario, 25(2).

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international body that is used to safeguard the human rights as well as basic freedom in
Europe.
In this particular law, following points are suggested:
 Every citizen has a right to give respect to his private as well as family
life, his home and correspondence3.
 There will no intervension of public authority for application of its rights
and it is important for a democratic society for national security, public
safety or economic wellness.
Article 8 is totally related to the some positive obligations. The efficient obligation of
the human rights may include some objection for a state. It involves some obligation of
some states for becoming active and to perform something4. The efficient enjoyment of
those rights involves an objection of the states for becoming very active. Article 8 mainly
focuses on the following aspects:
 Family life
In X, Y and Z v United Kingdom, a court remembers the idea of family
life in Article 8 is disconnected directly so that families are formed with the
help of marriage and may have some other standards. When it is decided that
whether the relationship is considered to the amount of the family life, the
3 Cederberg, E., 2020. The Protection of Human Rights in the Context of Climate Change: Non-refoulement
Obligations under Article 3 ECHR to Protect Environmental Migrants?.
4 Kaya, R., 2020. EUROPEAN COURT OF HUMAN RIGHTS ON ADDRESSING ENVIRONMENTAL
DISCRIMINATION AGAINST COLLECTIVITIES. The Lawyer Quarterly, 9(4).

3THE RIGHT TO THE PRIVATE AND FAMILY LIFE
number of factors are totally relevant. It involves whether a couple can stay
together, the span of their relation and whether they have elaborated their
commitment among each other by taking the children together.
 Home
In Niezmatz vs Germany, the court provided gave a huge meaning of
home that includes professional or business premises.
 Private Life
If a person wants to understand the private law, case law must be
analysed appropriately. In case of Niemietz vs Germany, court highlighted that
it did not consider some important requirement for providing the elaboration of
the real life5. There is a tremendous restriction for providing some limitations of
inner circle in which a person may live in his personal life.
 Example - Goodwin and I v United Kingdom (2002)
This case was filed in European Court of Human Rights6. It highlighted the
problems for trans-sexual people and it was totally related to the rights of the marriage
and private life. It was a landmark of the decision regarding the trans-sexual people. A
group that has not been recognised in law of the United Kingdom as:
 they can adopt the gender.
5 Li, Q., Zhang, Y., Li, Y., Xiao, Y. and Ge, X., 2020. Capacity-Aware Edge Caching in Fog Computing
Networks. arXiv preprint arXiv:2002.02173.
6 Milkaite, I., 2020. A picture of a same-sex kiss on Facebook wreaks havoc: Beizaras and Levickas v. Lithuania.

4THE RIGHT TO THE PRIVATE AND FAMILY LIFE
 They have the ability to carry birth certificate which shows the adopted
gender.
 They have the capability to adopt a person who has opposite gender.
Court mentioned that this attitude did not follow the right to the private as well as
married life. Later on, the Government of United Kingdom implemented the Gender
Recognition Act, 20047. It was used to create the methodology for enabling these points.
 Analysis of British Bill of Rights
In British Bill of Rights, the right of life should be included first in European
Convention of Human Rights. It is very important for common people of the United
Kingdom8. It helps to protect the life of a citizen. It means, nobody, including the
Government of the country, can try to stop the life of a citizen. With the help of this,
Government should take some necessary steps to protect the life of every citizen. If it is
included in British Bill of Rights, then public authorities are also responsible for the right
to the life of the consumer at the time of making some decisions. If a family of a citizen is
died in the circumstances that included in the state, citizen will get the right to conduct an
enquiry. The state is also responsible to investigate the suspicious death and death within
the custody9. If this right is included in British Bill of Rights, then right to life does not
include right to die. The state will not get any authority to infer this right.
7 Milne, A., 2020. Mental Health and Later Life: taking a lifecourse approach.
8 Norton, P., 2020. Parliament and the courts: strangers, foes or friends?. In UK supreme court
handbook (Vol. 6).
9 Nastić, M., ROLE OF THE NATIONAL PARLIAMENT IN THE APPLICATION OF THE
ECHR. АРХИВ, p.122.

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A social worker affected by the domestic violence team in the local community
used the power of the human rights for getting the new accommodation for the women
and her ex-partner can attack her family and it was a huge risk for her family10. She filed
a case based on the obligation of the local authority for protecting the right of the family
and the right is not treated as inhuman.
For example, a public right to the life is not affected if they die when a public
authority uses necessary action to:
 It will help to protect the illegal activities11.
 It will help to perform the legal arrest.
 It will help the government to stop riot in United Kingdom.
In this particular case, the force that is used must be important and highly proportionate12.
Force is treated as proportionate when it is treated as perfect.
Conclusion
For a state who is willing to protect the human rights through law, but questions its
membership of the ECHR system and the oversight of the ECHR. It is used to detect that the
value of the court is an important part for the country. It is quite likely that the future relation
with the United Kingdom and ECHR will continue. If the government plans for passing the Bill
of Rights then the relation will continue. But it is hardly possible for the United Kingdom
10 Shah, C. and Bhatia, M.J., 2020. A Study on Right of Self Defense for Women-Step towards
Empowerment of Women. Our Heritage, 68(1), pp.1265-1272.
11 Voorhoof, D., 2020. European Court of Human Rights: Vučina v. Croatia. Iris Online, (1).
12 Walsh, L. and Keary, A., 2020. Life After Study and Training:‘Building Something’. In Education, Work
and Catholic Life (pp. 113-134). Springer, Singapore.

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Government to prevent the human rights through law. It also decreases the importance of ECHR
for contributing to this objective. It also has the ability to enhance the present day value of
ECHR. It increases the importance of ECHR. The right to the private life is not restricted to a
particular portion of the person’s life. It may be found lots of human activities which is totally
dependent on the social promotion as well as culture of a specific person. It does not highlight
that the use of this is not permitted to all the environments of day-to-day activities. Sometimes
violation of this law is not avoidable. In that situation, the decision for the existence of this law is
totally belongs to the court which may apply appropriate legislation after the since inspection of
evidences In this case, the violation of the rights can be strongly assumed. The Right to the life
and family protects a person from the illegal as well as arbitrary influence. The family, home and
correspondence will be protected because of the family. Any interference by some public
authorities can perform on the basis of the law. In addition to that, an inference must pursue the
legitimate aim. In the practice of the European Courts of Human Rights, right to protect the
family and its correspondence encompasses various aspects of the life. It helps to provide the
access its own personal data and it provides the physical as well as psychological integrity which
is involved with the help of restraint. It helps to provide the autonomy as well as self-
determination. It gives the citizen to access the personal data. It is mandatory to achieve the
target and proportionate. In British Bill of Rights, the right to life should be included from
European Convention of Human Rights. It is considered as most basic right among all other
rights for common people of the United Kingdom. It helps to establish the relation among the
people within a broader society. It also helps to provide the personal privacy which includes the
protection from the end of the Government as well as media surveillance. It helps safeguard all

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the personal information of a citizen. It is also gives the authority to the government to provide
the protection to the government if the citizen is in risk.

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References
Aydın-Aitchison, A. and Mermutluoğlu, C., 2020. Mapping human rights to democratic policing
through the echr. Security and Human Rights, 30(01), pp.1-28.
Ball, R., 2020. 5 years on from the EA10-Should the armed forces remain a special case?.
Birkinshawo life, P., 2020. United Kingdom judges and European integration. Rivista Italiana di
diritto pubblico comunitario, 25(2).
Cederberg, E., 2020. The Protection of Human Rights in the Context of Climate Change: Non-
refoulement Obligations under Article 3 ECHR to Protect Environmental Migrants?.
Li, Q., Zhang, Y., Li, Y., Xiao, Y. and Ge, X., 2020. Capacity-Aware Edge Caching in Fog
Computing Networks. arXiv preprint arXiv:2002.02173.
Milkaite, I., 2020. A picture of a same-sex kiss on Facebook wreaks havoc: Beizaras and
Levickas v. Lithuania.
Milne, A., 2020. Mental Health and Later Life: taking a lifecourse approach.
Nastić, M., ROLE OF THE NATIONAL PARLIAMENT IN THE APPLICATION OF THE
ECHR. АРХИВ, p.122.
Norton, P., 2020. Parliament and the courts: strangers, foes or friends?. In UK supreme court
handbook (Vol. 6).
Shah, C. and Bhatia, M.J., 2020. A Study on Right of Self Defense for Women-Step towards
Empowerment of Women. Our Heritage, 68(1), pp.1265-1272.
Voorhoof, D., 2020. European Court of Human Rights: Vučina v. Croatia. Iris Online, (1).

9THE RIGHT TO THE PRIVATE AND FAMILY LIFE
Walsh, L. and Keary, A., 2020. Life After Study and Training:‘Building Something’.
In Education, Work and Catholic Life (pp. 113-134). Springer, Singapore.