Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms: “Right to Respect for Private and Family Life
The European Convention for the Protection of Human Rights and Fundamental Freedoms defines the fundamental rights that must be guaranteed to everyone, regardless of race, religion, nationality, or membership of any social group, who resides in the territory of the countries that make up the Council of Europe.
The Convention lists fundamental human rights, and each of them is defined in a separate article in Section 1. The remaining sections of the Concept refers to the establishment of the European Court of Human Rights and other issues.
Article 8 defines the rights to respect for the private and family life of everyone living within the Council of Europe’s borders, and applies to all immigration decisions taken by the authorities of the member states.
Please note that although the UK left the European Union on 31 December 2020, it is still an active and active member of the Council of Europe.
The Council of Europe is an international organization that promotes cooperation between its members, states and countries of Europe, in the fields of law, human rights, democratic development, the rule of law and cultural interaction. Founded in 1949, the Council of Europe is the oldest international organization in Europe. It has 47 member states with a total population of over 800 million.
In view of the above, and as the UK remains a member of the Council of Europe, all provisions of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms continue to apply and apply to UK immigration law as they did before the UK left the European Union.
The main provisions of Article 8 are
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security or public safety, for the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.
Thus, Article 8 gives a limited right, i.e. the interference can be justified, and if it is justified, it is not a violation of the right.