ECONOMIC DEVELOPMENT AS AN IMPEDIMENT TO THE PROTECTION OF THE HUMAN RIGHT TO PRIVACY AND FAMILY LIFE UNDER ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
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Abstract
According to the Vienna Declaration of 1993, Human rights and fundamental freedoms are the birth right of all human beings; their protection and promotion is the first responsibility of Governments. However there is a bit denial of the right under the European Convention on Human Rights 1950 (ECHR) in the interest of economic development. This is where rights are trumped upon in the interest of economic well-being. It presupposes that certain human rights can be curtailed in order to serve a larger interest of the nation at large. Development can be said to be the heart strength of any economy in the World. There is no gainsaying that when it comes to the issue of development, it is often and rightly linked to economic development. It provides job opportunities for people and guarantees the smooth flow of resources in a State. On the other hand, human rights are very cardinal in eveiy society especially in the international community. It is not dumbfounding that the international committee assesses a State’s progress and friendliness through the respect and protection of human rights. There is no doubt that there might be conflict of interests between development and protected existing rights. One of the classic conflicts that arise out of this is the economic development of the United Kingdom and the human right to privacy andfamily life providedfor under Article 8 of the European Convention of Human Rights (ECHR). This paper will present that “economic well-being” of United Kingdom outweighs the right to private and family life, even though the right to private and family life is a right protected under the European Convention on Human Right (ECHR).1 The case of Powell v United Kingdom2 will be used as a reference to support the claim.