Under Article 8 of the European Convention, a local authority interferes with a family's private life by removing a child. When is the interference justified?
Answer and explanation
Correct answer: D. If it is lawful, pursues a legitimate aim and is necessary in a democratic society
- Step 1: Article 8(2) lists the conditions for lawful interference.
- Step 2: The court weighs the aim against the severity of the interference.
Answer
If it is lawful, pursues a legitimate aim and is necessary in a democratic society.
Why not the others: The authority's interest is not the test; absence of objection is not enough; silence is not consent.
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