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CASE OF NORRIS AGAINST IRELAND

Doc ref: 10581/83 • ECHR ID: 001-55580

Document date: December 14, 1993

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Cited paragraphs: 0
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CASE OF NORRIS AGAINST IRELAND

Doc ref: 10581/83 • ECHR ID: 001-55580

Document date: December 14, 1993

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Norris case delivered on 26 October 1988 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Ireland lodged with the European Commission of Human Rights

on 5 October 1983 under Article 25 (art. 25) of the Convention by

Mr David Norris, an Irish national, who complained of an

interference with his right to respect for his private life because

of the existence of legislation prohibiting male homosexual

activity;

Recalling that the case was brought before the Court by the

Commission on 14 May 1987;

Whereas in its judgment of 26 October 1988 the Court:

- held by eight votes to six that the applicant could claim to

be a victim within the meaning of Article 25 (art. 25) of the

Convention;

- held by eight votes to six that there was a breach of

Article 8 (art. 8) of the Convention;

- held unanimously that Ireland should pay to the applicant,

in respect of legal costs and expenses, the amount of

14 962 Irish pounds and 49 pence, less 7 390 French francs to

be converted into Irish pounds at the rate applicable on the

date of delivery of the judgment;

- dismissed unanimously the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Ireland to inform it of the

measures which had been taken in consequence of the judgment of

26 October 1988, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Ireland gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that on 1 December 1988 the Government

of Ireland has paid the applicant the sums provided for in the

judgment of 26 October 1988,

Declares, after having taken note of the information supplied

by the Government of Ireland, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (93) 62

Information provided by the Government of Ireland

during the examination of the Norris case

by the Committee of Ministers

The new Criminal Law (Sexual Offences) Act 1993, which entered

into force on 7 July 1993, has modified the Irish criminal

legislation regarding homosexual acts. Since the entry into force

of the new act, homosexual acts between consenting male adults of

more than 17 years of age and capable of valid consent are no

longer offences under Irish criminal law.

The sum awarded to the applicant in the Court's judgment of

26 October 1988 was paid on 1 December 1988 to the applicant's

counsel.

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