The European Convention on Human Rights has guarenteed “Right to respect for private and family life” under the article 8, “Freedom of thought, conscience and religion” under the article 9, “Freedom of expression” under the article 10 and “Freedom of assembly and association” under the article 11. However, these rights are also subject to some limitations by (text of) the Convention. The European Court of Human Rights has developed a test to apply these limitations provided by the relevant articles on concrete cases. This examination procedure, which is called “the three-part test/triple test” in the doctrine, has become a fundemental means used by the Court in reaching its conclusions when examining the interventions made by the State Parties to the rights guaranteed in Articles 8-11 of the Convention. Within the scope of this article, the basic building blocks of the triple test of the Court, which would be summarized as “legality”, “legitimate aim” and “necessity in a democratic society” has discussed. This article, which grounds on the Court’s jurisprudence on the triple test, provides a general framework for the Court’s judgment method and procedure used in complaints about articles 8 to 11 of the Convention.
The three part test, ECtHR triple test, the test of necessity in democratic society, the test of Article 8 to 11 of ECHR
