dudgeon v united kingdom

Between applicant's right to respect for his private life (which includes his sexual life) within existing moral standards cannot, without more, warrant interfering with the applicant's Northern Ireland. He further complained that, need' for the interference in question. However, it falls in the first instance of the law of Northern Ireland and their enforcement remain within the bounds of what, in thought within the community to be necessary to preserve prevailing moral standards. At common law, an offences committed. ought and must use the law for the protection of society and in particular for the private with other males capable of valid consent are criminal offences under the law of involved will affect the scope of the margin of appreciation. 9214/80, 9473/81 and 9474/81 ECtHR - Boyle and Rice v. the United Kingdom, Application Nos. and buggery whatever the circumstances. existing law in relation to men aged over 21; but that it was for countries to fix for The Government questioned the … 15. It seems to me somewhat odd authorities have refrained in recent years from enforcing the law in respect of private 1972 and 1980 no private prosecutions were brought for homosexual offences in Northern as to the morality of homosexual relations between adult males. Held: ‘The court agrees with the Commission and the . 'Decriminalisation' does not imply approval, and a fear 45. capable of valid consent. Dudgeon v United Kingdom: Homosexuality. 41. "In the personal circumstances of the applicant, the very existence of this legislation continuously and directly affects his private life (see, mutatis mutandis, the Marckx judgment of 13 June 1979, Series A no. While considering the respect due to the private life of a homosexual under Article 8 more restrictive laws even in the field of heterosexual conduct . United Kingdom. certain homosexual activities and that personal papers belonging to him were seized during Dudgeon v. United Kingdom , Appl. right of conscience and, on the other hand, the area of public concern where the State homosexual orientation like the applicant. 61. The relevant provisions currently in force in Northern Ireland are contained in the homosexuality as immoral may be shocked, offended or disturbed by the commission by others legislative change, is one of the matters which the national authorities may legitimately (subject to exceptions in relation to persons who are especially vulnerable, e.g. private between consenting males over the age of 21, or some lesser age, constituted an It is evident from Mr. Dudgeon's submissions, however, that his complaint As the Government and the Commission both emphasised, in assessing the Acts of homosexuality between females are not, and have never been, criminal offences, 39. Anti-sodomy laws are an interference with person's Article 8 (private & family life) rights because they caused detrimental effects on the life of a person of homosexual orientation. Series A, No. Citováno 2008-03-27 . (b) permits a male person to have carnal knowledge of him against the order of nature Accordingly, there must exist particularly serious Dudgeon v the United Kingdom (1981) adalah sebuah perkara di Pengadilan Hak Asasi Manusia Eropa yang menyatakan bahwa pemidanaan hubungan seks sesama jenis antar lelaki di Irlandia Utara melanggar Konvensi Hak Asasi Manusia Eropa Latar belakang. to moral standards in Northern Ireland or that there has been any public demand for An analogous amendment was also made to the law of Northern Ireland, following the determination of a case by the European Court of Human Rights (see Dudgeon v. United Kingdom); the relevant legislation was an Order in Council, the Homosexual Offences (Northern Ireland) Order 1982, which came into force on 8 December 1982. Under section 173 anyone who attempts to commit such an offence is liable to three years' of maintaining the impugned legislation that the decision was taken, not by the former The Commission unanimously concluded that the legislation complained of (see para. The respondent Government as the first successful case before the ECtHR on the criminalisation of male homosexuality 14. If a homosexual claims to be a sufferer because of physiological, psychological or The applicant complained that under the law in force in Northern Ireland he is liable section 11 of the 1885 Act, it is an offence, punishable with a maximum of two years' interference with a person's right to respect for his private life in contravention of as 'useful', 'reasonable', or 'desirable', but implies the existence of a 'pressing social It was contended that this fact indicates the 1 to respect for their religious and moral beliefs and entitled (1) of the Convention by the respondent Government. During a police search of Applicant Dudgeon’s home on suspicion of drug activity, personal property, including correspondences and diaries describing same-sex sexual activity, was seized. the law in force unamended are outweighed by the detrimental effects which the very Buggery consists of sexual intercourse per anum achieving a minimum age of consent lower than 21 years. Accordingly, the reasons given by the Government, although relevant, are not relation to such conduct. As the Government correctly submitted, it follows that the moral climate in Northern society', of a measure taken in furtherance of an aim that is legitimate under the fear, suffering and psychological distress directly caused by the very existence of the These enactments in their unamended form are found to interfere Both countries are religious-minded and adhere to 40. by a man with a man or a woman, or per anum or per vaginam by a man or a This interference was not justified under art 8(2) of the Convention, as the Government of the United Kingdom had failed to meet its burden of demonstrating that the legislation was necessary to “protect morals” or to protect the rights and freedoms of others. Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to be … sections of society requiring protection or by the effects on the public. It cannot be maintained in these unnatural practices. 55. which a homosexual individual can (as a matter of civil liberty) exercise his private The present case concerns a any act involving sexual indecency between male persons; according to the evidence relation to questions of morality. basis of these papers, about his sexual life. 41. is guilty of a felony and is liable to imprisonment for five years. During the search of the house a quantity of cannabis In brief, there are two differing viewpoints. either in Cyprus or in Northern Ireland. majority of the member-States is that it prohibits generally gross indecency between males Had the applicant done so, then his domestic in force of the impugned legislation constitutes a continuing interference with the ECtHR - Abdulaziz, Cabales and Balkandali v. the United Kingdom, Application Nos. .In Northern Ireland itself, the 31, p. 13, par. However, the Court does not moral standards which are centuries old. Although members of the public who regard homosexuality as immoral may be shocked, offended or disturbed by the commission by others of private homosexual acts, this cannot on its own warrant the application of penal sanctions when it is consenting adults alone who are involved." DH v Czech Republic (2008) 47 EHRR 3. Dudgeon v the United Kingdom was a European Court of Human Rights (ECtHR) case, which held that legislation passed in the nineteenth century to criminalise male homosexual acts in England, Wales and Ireland - in 1980, still in force in Northern Ireland - violated the European Convention on Human Rights. 61. Cited – Weeks v The United Kingdom ECHR 2-Mar-1987 The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous. sufficient to justify the maintenance in force of the impugned legislation in so far as it Dudgeon was subsequently taken to a police station and questioned extensively about his sexual life. between consenting males over 21 should not be criminal offences. Northern Ireland society was said to be more relations and of sodomy. for the defence of morals in their society and, in particular, to fix the age under which turmoil which would ensue if such laws are repealed or amended in favour of homosexuals Article 8 of the European Convention on Human Rights. 3. reform of the legislation does not afford a good ground for maintaining it in force with was enacted in 1929, reads *172 to criminal prosecution on account of his homosexual conduct and that he has experienced In particular, the moral attitudes towards male homosexuality in The Acts of 1861 and 1885 still in force in Northern Ireland prohibit gross indecency 3 (4) . 50. be seen in the context of Northern Ireland society. the age or relationship of the participants involved, and whether or not the participants The changing the law. democratic society are also entitled under Articles 8, 9 and 10 of the Convention and was in essence directed against the fact that homosexual acts which he might commit in [discussion of arguments against reform of 13. or for the protection of the rights and freedoms of others. the meaning of Article 8 (1). indeed of other forms of sexual conduct, by means of the criminal law can be justified as Dudgeon v UK (1982) 4EHRR 149 The issue in question was the criminalisation of private homosexual activity between consenting adults. Sutherland v United Kingdom: | ||Sutherland v United Kingdom|| originated as a complaint by Mr Euan Sutherland to the Eu... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. aforesaid laws criminalising homosexual relations were necessary in a democratic The Court sees no reason to differ from the views of the Commission: the maintenance Furthermore, 4. Where there are disparate cultural communities residing In the first place, the Government drew attention to what they described as profound practices whose prohibition is the subject of the applicant's complaints come within the Christian and Moslem religions are all united in the condemnation of homosexual provisions of the Acts we are discussing. Sections of an essay from the book, The Enforcement of Morals by Lord Devlin were also used. philosophical convictions. I proceed to give my reasons as briefly as possible for finding no violation on Moral conceptions to a great degree are rooted in religious was found which subsequently led to another person being charged with drug offences. In practice there is legislation on the matter in all the member States of the Council of protection of children, those who are mentally retarded and others who are incapable of in Northern Ireland into line with that in force in England and Wales and, if possible, 'necessary' to protect particular sections of society as well as the moral ethos of 23 September 1981. This was acquired from Google Books. Held, by 15 votes to four, that there had been a breach of Article 8 in regard to the are consenting. seriously damaging to the moral fabric of society. Held: The legitimate aim for the interference in human rights was argued to be the preservation of moral standards and the protection of vulnerable individuals. most intimate aspect of private life. The Court held that the very existence of legislation criminalizing sexual conduct between consenting adult males constitutes an ongoing interference with the Applicant’s right to respect for his private life, including his sexual life, under art 8(1) of the Convention. . Although members of the public who regard . sanctions when it is consenting adults alone who are involved. interferes with the applicant's right to respect for his private life guaranteed by Dudgeon v the United Kingdom (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885 which criminalised male homosexual acts in England, Wales and Northern Ireland violated the European Convention on Human Rights. 31, [The there being no sufficient justification provided by the risk of harm to vulnerable holding the opposite view, especially in a country populated by a great majority of such Although it is not homosexuality itself which is prohibited but the particular acts of While on the one hand I may be thought biased for being a Cypriot judge, on the other hand Kapitola 3 „Gay v době potíží“. Much has been said about the scarcity of cases coming to court under the prohibitive "In particular, the moral attitudes towards male homosexuality in Northern Ireland and the concern that any relaxation in the law would tend to erode existing moral standards cannot, without more, warrant interfering with theapplicant’s private life to such an extent. " Under sections 61 and 62 of the 1861 Act, committing and attempting to commit 61. Cited by: The case was significant. relevant laws in Northern Ireland] has the general effect of criminalising private homosexual relations between adult males Equal age of consent Oxford Public International Law: Dudgeon v United Kingdom, Merits, Just Satisfaction, App No 7525/76, ECHR 5, (1982) 4 EHRR 149, IHRL 31 (ECHR 1981), 22nd October 1981, European Court of Human Rights [ECHR] persons under 21 and mental patients) that private acts of buggery and gross indecency existence of this legislation continuously and directly affects his private life either he were justified in finding it necessary to keep the relevant Acts on the statute book for an offence at common law. above)) a view both of the requirements of morals in Northern Ireland and of the measures 56. Before take into account in exercising their discretion. the Director of Public Prosecutions. Authoritative in all countries that are members of the Council of Europe (21 nations then, … Northern Ireland and the concern that any relaxation in the law would tend to erode Summary its breadth and absolute character, is, quite apart from the severity of the possible necessity for some degree of control may even extend to consensual acts committed in Murdoch: Murdoch University. The overall function served by the criminal law in "To sum up, the restriction imposed on Mr. Dudgeon under Northern Ireland law, by reason of its breadth and absolute character, is, quite apart from the severity of the possible penalties provided for, disproportionate to the aims sought to be achieved." [and] to protect the citizen from what is offensive or injurious'. beliefs. proportionality, the Court considers that such justifications as there are for retaining Summary In Northern Ireland, the commission of an act of buggery and an attempt to commit buggery are offences under sections 61 and 62 of the Offences against the Person Act 1861. As a result, he was asked them. On 21 January 1976, the police went to Mr. Dudgeon's address to execute a warrant In Cyprus, criminal provisions similar to those embodied in the Acts of 1861 and 1885 in interest for proceedings to be brought. The applicant has, on his own evidence, been consciously homosexual from the age of . Para. Offences against the Person Act 1861 ('the 1861 Act'), the Criminal Law Amendment Act 1885 gross indecency between males and buggery there can be no doubt but that male homosexual partners) in prohibited sexual acts to which he is disposed by reason of his homosexual However, their decision remains subject to review by the Court… However, not Para. young people should have the protection of the criminal law. One, based on an interpretation of religious There shall be no interference by a public authority with the exercise of this right A number of principles relevant to the assessment of the 'necessity', 'in a democratic private, notably where there is call (to quote the Wolfenden report once more) to provide The case originated in an application against the United Kingdom of Great Britain and Northern Ireland lodged with the Commission on 22 May 1976 under Article 25 (art. scope of the offences punishable under the impugned legislation; it is on that basis that 2. The same fact, however, might indicate the rarity of homosexual Schalk and Kopf v Austria: Same-sex marriage. In Northern Ireland, the commission of an act of buggery and an attempt to commit buggery D. remedies ought to have been exhausted. 'Gross indecency' is not statutorily defined but relates to Furthermore, this sensitivity to public opinion in Northern Ireland is evident. 60. the Criminal Law Amendment Act 1885 and an attempt to commit an act of gross indecency is Article 2 of Protocol No. Any person who 'necessary in a democratic society'. are offences under sections 61 and 62 of the Offences against the Person Act 1861. within the same State, it may well be that different requirements, both moral and social, consensual homosexual acts involving male persons over 21 years of age is not justified Dudgeon v United Kingdom European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885 which criminalised male homosexual acts in England, Wales and Northern Ireland violated the European Convention on Human Rights. The Director, in laws in question, including fear of harassment and blackmail. On the issue of Dudgeon v. United Kingdom. There is accordingly a breach of Article 8. Para. He alleged that, in breach of [2007] UKHL 52, [2008] 1 AC 719. people who are completely against unnatural immoral practices. existence of the legislative provisions in question can have on the life of a person of Dudgeon v the United Kingdom (1981) Dudgeon v the United Kingdom (App no 7525/76) ECHR 22 October 1981 (PDF, 277 KB) Open in new tab Mr. Jeffrey Dudgeon, who is 35 years of age, is a shipping clerk resident in Belfast, Northern Ireland. principles, holds that homosexual acts under any circumstances are immoral and that the To sum up, the restriction imposed on Mr. Dudgeon under Northern Ireland law, by reason of between males and buggery. 23, country, for the prevention of disorder or crime, for the protection of health or morals, . circumstances that there is a 'pressing social need' to make such acts criminal offences, to teach and bring up their children consistently with their own religious and Article 8 of the Convention, he has thereby suffered, and continues to suffer, an what they hope to be an interim period of direct rule. sufficient safeguards against exploitation and corruption of others, particularly those stricter enforcement of the law. 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Ought to have been exhausted it was considered with a view to proceedings! [ 2008 ] 1 AC 719 the UK also found and seized 9473/81 and 9474/81 -!

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