The Principle of Proportionality and Article 8
| Proportionality Clinical intervention should balance the severity of the effect of the intervention with the severity of the presenting clinical problem (i.e., it should be a proportionate response to a clinical scenario). |
| Proportional interference When considering whether an interference with a convention right is proportionate, the burden lies on the state to justify its action. The interference must go no further than is strictly necessary to achieve its permitted purpose; the more substantial the interference the more that is required to justify it (i.e., a sliding-scale approach to its use). |
| Proportionality test for the use of Article 8 What is the interest that is relied upon (i.e., private and family life, home and correspondence)? Does the interest correspond to a pressing social need? Is the interference proportionate to the interest? Are the reasons given by the suthorities relevant and sufficient? |