Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; Just satisfaction reserved
Hudoc Judgment (Just satisfaction) Non-pecuniary damage – financial award; Pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings
Intrusive questioning into the lives of members of the armed forces suspected of being homosexual, and their discharge on the sole ground of their sexual orientation, constituted a violation of their right to respect for their private lives under article 8 of the Convention in combination with article 14.
31417/96, 32377/96, (2000) 29 EHRR 548, (2001) 31 EHRR 601, [1999] ECHR 71, [2000] ECHR 381
Worldlii, Worldlii
European Convention on Human Rights 8 14
Human Rights
Citing:
Appeal from – Regina v Secretary of State for Defence Ex Parte Lustig Prean and Others CA 7-Nov-1995
A ban on homosexuals serving in armed forces was not irrational; challenge failed. . .
Cited by:
Appealed to – Regina v Secretary of State for Defence Ex Parte Lustig Prean and Others CA 7-Nov-1995
A ban on homosexuals serving in armed forces was not irrational; challenge failed. . .
Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – Wilkinson, Regina (on the Application Of) v Inland Revenue HL 5-May-2005
The claimant said that the widows’ bereavement tax allowance available to a wife surviving her husband should be available to a man also if it was not to be discriminatory.
Held: Similar claims had been taken before the Human Rights Act to the . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 22 January 2022; Ref: scu.165746
