Justified interference with the right to home
In accordance with Article 8, paragraph 2 of the European Convention, and according to the interpretation of the European Court of Human Rights, interference with the right to home may be justified if it is “in accordance with the law”, if it has a specific aim which is legitimate within the meaning of that paragraph and if it is “necessary in a democratic society”.1544 If the Court finds that the interference is unlawful, it will not examine further criteria relating to the justification of interference.1545
Footnotes
U 6/98; U 2/99; U 3/99; U 7/99; U 7/00 with reference to ECtHR, Gillow v. the United Kingdom, 24 November 1986, Series A no. 124-C, paragraph 48; U 24/00, paragraph 31.
CH/97/40-M, paragraph 50; CH/00/6143 et al.-A&M, paragraph 51.