Hostname: page-component-cd9895bd7-dk4vv Total loading time: 0 Render date: 2024-12-23T16:52:47.433Z Has data issue: false hasContentIssue false

Dudgeon Case

European Court of Human Rights.  22 October 1981 ; 24 February 1983 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Connected with legislation — European Convention on Human Rights, 1950, Article 8 — Whether mere existence of legislation affected right to respect for private life — Whether absence of prosecutions meant law was a dead letter

State responsibility — Damages — Award of damages in general — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction in respect of established breach — Whether change in law in itself adequate satisfaction without financial compensation

Disputes — Other international courts — European Court of Human Rights — Whether applicant a victim within meaning of Article 25 of European Convention on Human Rights, 1950 — Margin of appreciation — Article 50 — Just satisfaction — Order for declaration by respondent Government requested — Whether admissible

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950, Article 8 — Right to respect for private life — Whether including sexual life — Prohibition of homosexual acts between consenting adults in private — Law of Northern Ireland — Absence of similar prohibition in rest of United Kingdom — Whether mere existence of legislation affected private life — Absence of prosecutions — Whether law no longer enforced — Whether applicant a victim within meaning of Article 25 of Convention — Justifications for interference under Article 8(2) — Whether necessary in a democratic society — Margin of appreciation of national authorities — Whether more extensive for issues involving morals — European standard — Pressing social need — Requirement of proportionality — Whether necessary to examine complaint under Article 14 in conjunction with Article 8

Article 50 — Breach of right to respect for private life established — Just satisfaction — Whether change in law of Northern Ireland in itself adequate satisfaction — Need for financial compensation — Order for declaration by respondent Government requested — Whether admissible — Legal costs and other expenses referable to proceedings before Convention institutions — Whether actually, necessarily and reasonably incurred

Type
Case Report
Copyright
© Cambridge University Press 1984

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)