The following Immigration practice note Produced in partnership with Ellis Wilford of Lamb Building and Eric Fripp of Lamb Building provides comprehensive and up to date legal information covering:
Article 8 of the European Convention on Human Rights 1950 (ECHR), which is incorporated into domestic law by section 1 of the Human Rights Act 1998 (HRA 1998), sets out a right of respect for private and family life. Every immigration practitioner needs to be able to identify when a client can rely upon Article 8 and to assess the related prospects of success.
This Practice Note summarises the background to Article 8 claims in the immigration context, and provides links to the series of Practice Notes on Lexis®PSL Immigration which consider the area in detail.
Article 8 ECHR and related international provisions reflect the desire of the international community to create stronger international law protections for individual rights, after the experience of gross abuses of human rights during the 1930s and through to and beyond the end of the Second World War. Article 8 ECHR substantially repeats the terms of Article 12 of the Universal Declaration of Human Rights (UDHR) given by the United Nations in 1948. UDHR was designed to be a non-binding statement of international rights standards to be followed by regional instruments (of which ECHR was the first) and by other international instruments in binding treaty form. Article 8 ECHR mirrors another later international rights provision, Article 17 of the International Covenant on Civil and Political Rights 1966 (ICCPR).
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