- Followed — The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants 2020-04-21
“…aim has failed because the facts have been held to have fallen outside the ambit of a substantive right (although Botta v Italy (ECtHR Application No 21439/93) (1998) 26 EHRR 241, which concerned access to private beaches, was one such). Because of my firm conclusion in relation to justification (see paragraphs 112 and following below),…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…ence the intimate behaviour of such families by discouraging them from having more than two children. Counsel for the claimants submitted, citing Botta v Italy (1998) 26 EHRR 241, para 32, that the right to respect for private life protected by article 8 “is primarily intended to ensure the development, without outside interference, of …”
- Cited — Butt, R (On the Application Of) v The Secretary of State for the Home Department 2019-03-08
“…ersonality of each individual in his relations with other human beings: see, mutatis mutandis, Niemietz v Germany (1992) 16 EHRR 97, para 29, and Botta v Italy (1998) 26 EHRR 241, para 32. There is therefore a zone of interaction with others, even in a public context, which may fall within the scope of 'private life': see, mutatis mutan…”