Topic Reserved for Attendees Only
In his dissenting opinion to the judgement of the ECtHR Marckx v. Belgium, the judge Sir Gerald Fitzmaurice recalled the circumstances in which Article 8 of the ECHR was drafted:
«It is abundantly clear (at least it is to me) - and the nature of the whole background against which the idea of the European Convention on Human Rights was conceived bears out this view - that the main, if not indeed the sole object and intended sphere of application of Article 8, was that of what I will call the 'domiciliary protection' of the individual. He and his family were no longer to be subjected to the four o'clock in the morning rat-a-tat on the door; to domestic intrusions, searches and questionings; to examinations, delayings and confiscation of correspondence; to the planting of listening devices (bugging); to restrictions on the use of radio and television; to such abominations as children being required to report upon the activities of their parents, and even sometimes the same for one spouse against another - in short, the whole gamut of fascist and communist inquisitorial practices such as had scarcely known, at least in Western Europe, since the eras of religious intolerance and oppression, until (ideology replacing religion) they became prevalent again in many countries between the two world wars and subsequently. Such was the object of Article 8 , and it was for the avoidance of these horrors, tyrannies and vexations that 'private and family life' were to be respected, and the individual endowed with a right to enjoy that respect.
Looking at the judgements issued in the early Eighties against domestic legislations criminalising homosexuality, please explain whether the interpretation that the Court of Strasbourg developed of Article 8 in those cases is consistent with its original intent and why, and if there are similarities or meaningful differences with the U.S. Supreme Court case-law in the same matter».
The paper cannot be longer than 2,500 words (notes included). Please, remember to put your name at the end of the final page of the paper. It is required to make a reference to any material quoted or cited in the paper. Footnotes are preferred to endnotes. It is good practice to consider the materials for the course to draft the papers, but the possible use of other pertinent bibliographical sources is welcome. Papers must be delivered by midnight of 28 May 2018.
24 maggio 2018