| Applicant name | W B |
| Applicant type | Natural Person |
| Country | Germany |
| Decision no. | 104/55 |
| Date | 17/12/1955 |
| Judges |
C. Th. EUSTATHIADES P. BERG P. FABER L. J.C. BEAUFORT F.M. DOMINEDO Mme I. FUEST A. SUSTERHENN S. PETREN M. AKBAY G. JANSSEN-PEVTSCHIN M. S ‘hENSEN |
| Institution | Commission (Plennary) |
| Type | Decision |
| Outcome Art. 8 | Inadmissible |
| Reason | Manifestly ill-founded |
| Type of privacy | Bodily privacy |
| Keywords | Homosexuality; Criminalisation; health and morals; |
| Facts of the case | Male has been sentenced for several months of imprisonment for engaging in homosexual acts. |
| Analysis | The ECmHR does not dispute that criminalisation of homosexuality is an infringement of the right to private and family life. However, it points to the fact that such was prescribed by laws and could be deemed necessary in light of the protection of the country’s health and morals. In addition, Article 14+8 ECHR does not prohibit governments from laying down such measures either. The case is dismissed as being manifestly ill-founded. |
| Documents | Decision |