A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote.
Held: The court accepted that he was a victim. Even an administrative policy of not prosecuting for the offence in question would not have made a difference.
Citations:
10581/83, (1989) 13 EHRR 186, [1988] ECHR 22, [1985] ECHR 13
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Cited by:
Cited – Adams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Cited – Tangney v The Governor of HMP Elmley and Another CA 29-Jul-2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Discrimination
Updated: 04 June 2022; Ref: scu.165027
