Which statement is correct when considering the right to privacy under Article 8 of the European Convention on Human Rights (ECHR)?
Which statement is correct when considering the right to privacy under Article 8 of the European Convention on Human Rights (ECHR)?
The right to privacy under Article 8 of the European Convention on Human Rights (ECHR) is not an absolute right. It must be balanced against other rights and interests, such as national security, public safety, and the protection of the rights and freedoms of others. Article 8 allows for certain restrictions that are necessary in a democratic society and in accordance with the law. Therefore, the right to privacy must be weighed against competing rights under the ECHR.
While the right to privacy is protected, it may be limited in certain circumstances, such as when necessary for national security, public safety, or the prevention of crime. Other rights and interests, such as the right to freedom of expression under Article 10 of the ECHR, may also come into consideration, and a balance must be struck between these competing rights.
B, Article 8 of the ECHR guarantees the right to respect for private and family life, home, and correspondence. However, it is not an absolute right and can be subject to certain restrictions that are in accordance with the law and necessary in a democratic society for the protection of other rights and interests, such as national security, public safety, economic well-being, health or morals, and the rights and freedoms of others. This requires a balancing act between the right to privacy and other competing rights and interests.