Why are Articles 8, 10, and 11 described as qualified rights?

Recall questions on why Articles 8, 10 and 11 are qualified rights and the conditions for restricting them: prescribed by law, accessibility, the legitimate aims under each article, necessity in a democratic society, pressing social need and proportionality, and the sources of restrictions.

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Key term

What does 'prescribed by law' mean as a condition for restricting qualified rights?

Questions from this subtopic

Each one with the model answer underneath.

1
Why are Articles 8, 10, and 11 described as qualified rights?
Model answer
Because interference with them is permitted if it is prescribed by law, pursues a legitimate aim, and is necessary in a democratic society.
2
What does 'pursues a legitimate aim' mean as a condition for restricting qualified rights?
Model answer
The restriction must be directed towards one of the specified purposes recognised by the relevant ECHR article.
3
What does 'necessary in a democratic society' mean as a condition for restricting qualified rights?
Model answer
The restriction must correspond to a pressing social need and be proportionate to the legitimate aim pursued.
4
What two elements must be satisfied for a restriction to be 'necessary in a democratic society'?
Model answer
The restriction must correspond to a pressing social need and be proportionate to the legitimate aim pursued.
5
What does 'pressing social need' mean in the context of restricting qualified rights?
Model answer
There must be a sufficiently urgent societal requirement justifying the interference.
6
What does 'prescribed by law' mean as a condition for restricting qualified rights?
Model answer
The restriction must have a basis in domestic law that is accessible and foreseeable in its application.

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