Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
Everyone has the right to respect for his or her private and family life, home and communications.
The rights guaranteed in Article 7 correspond to those guaranteed by Article 8 of the ECHR. To take account of developments in technology the word ‘correspondence’ has been replaced by ‘communications’.
In accordance with Article 52(3), the meaning and scope of this right are the same as those of the corresponding article of the ECHR. Consequently, the limitations which may legitimately be imposed on this right are the same as those allowed by Article 8 of the ECHR:
‘1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. 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, public safety or 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.’
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
Qualification Directive 2011/95/EU (Recast)
Digital Rights Ireland and Seitlinger and Others (joined cases)
Google Spain v Agencia Española de Protección de Datos (AEPD)
Michael Schwarz v Stadt Bochum
Actiones - Handbook Module 5 Asylum and Migration
Case study - Fear of Persecution?
Case study - Verifying sexual orientation of asylum seekers?
Case Study - Residence Rights of Third Country Nationals