Applicant name X.
Applicant type Natural person
Country UK
Decision no.7215/75
Date 07/07/1977
Institution Commission
Type Decision
Outcome Art. 8 Admissible
Type of privacy Sexual privacy
Keywords Homosexual conduct
Facts of the case Man is sentenced to jail for homosexual conduct with two 18 year old men.
Analysis This is a revolutionary case, not because the Commission makes sweeping statements, but because it disregards the (many) arguments by the government why the case should be declared inadmissible. It finds three things:

1. The law does interfere with the applicant’s private life and it is not a priori clear that such would be deemed necessary in a democratic society for the protection of health. The Court should asses this matter.
2. The age difference between legal age of consent for sexual activities is different for hetrosexuals (16) than for homosexuals (21). Whether this difference is proportionate and reasonable under Article 8+14 ECHR is for the Court to decide.
3. The Commission even declares admissible the somewhat farfetched claim that the fact of imprisonment denied the applicant his right to express feelings of love for other men under Article 10 ECHR.

Documents Decision