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human rights evaluation - Coggle Diagram

- - - - this is very wide and can cover different situations such as bodily autonomy (Wainwright v UK), photography (Campbell v MGM), or premises (Niemietz v Germany)
      - some distinctions have to be made, and the wide margin of appreciation makes in difficult to find consistency
      - (MacDonald v MacDonald)- by evicting a tenant when private landlord defaults the mortgage
    - - this involves many different forms of family which can grow as attitude changes, and this cannot be defined by legal means, instead by biological and social reality (Kroon v Netherlands)
      - family can include
        
        children and grandchildren (Marckx v Belgium)
        
        adoptive relationships (Pini and Others v Romania)
        
        post-divorce (Berrehab v Netherlands)
        
        cohabiting heterosexual couples (Kamal v UK)
      - the child's rights will always take precedence over any adults, including the parents (Johannsen v Norway)
    - - Clear definition
        
        there is a clear distinction between what is a house and a home such as an airbnb
      - X contradictory
        
        the home does not mean a house or dwelling but the right to enjoy your home (Khatun v UK)
        
        however, this does require a house or dwelling
        
        although the home environment is not explicitly covered, it has been challenged (Kryatakos v Greece)
    - - this is very difficult to protect as shown by email
      - modern technology develops at an increasing and alarming rate (R (Bridges) v CC South Wales Police)
- - - - Otto-Preminger Institut v Austria- an artistic film couldn't be shown as it offended Catholics
        
        these are both cases from Austria about the rights of the artist vs those viewing/experiencing the art, but with two different outcomes
      - Vereinigung Bildender Kunstler v Austria- the right of the painter was upheld so the sexually explicit painting was not removed
  - - - having a higher value placed on the idea of political expression can help protect democracy
      - it means that states cannot force people to express political views or display propaganda
    - - Yildrim v Turkey