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DUDGEON CASE

Doc ref: 7525/76 • ECHR ID: 001-55416

Document date: October 27, 1983

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Cited paragraphs: 0
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DUDGEON CASE

Doc ref: 7525/76 • ECHR ID: 001-55416

Document date: October 27, 1983

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 judgments of the European Court of Human Rights

in the Dudgeon case delivered on 22 October 1981 and 24 February 1983

and transmitted the same days to the Committee of Ministers;

Recalling that the case had its origin in the application against the

United Kingdom lodged with the European Commission of Human Rights

under Article 25 (art. 25) of the Convention by a United Kingdom

citizen, Mr Jeffrey Dudgeon, who complained that the existence in the

criminal law in force in Northern Ireland of various offences relating

to male homosexual conduct and the police investigation constituted an

unjustifiable interference with his right to respect for his private

life alleging violation of Article 8 (art. 8) of the Convention and

that he had suffered discrimination within the meaning of Article 14

(art. 14) of the Convention on the grounds of sex, sexuality and

residence;

Recalling that the case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 22 October 1981 the Court held:

- by fifteen votes to four that there was a breach of Article 8

(art. 8) of the Convention,

- by fourteen votes to five that it was not necessary also to

examine the case under Article 14 taken in conjunction with Article 8

(art. 14+8),

- unanimously that the question of the application of Article 50

(art. 50) was not ready for decision and accordingly reserved the

whole of the said question;

Whereas in its judgment of 24 February 1983, the Court unanimously

declared inadmissible the claim for just satisfaction insofar as it

sought an order for a declaration by the United Kingdom, held that the

United Kingdom was to pay the applicant, in respect of costs and

expenses incurred, the sum of three thousand three hundred and fifteen

pounds sterling (£3 315), and rejected the remainder of the claim;

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the Convention";

Having invited the Government of the United Kingdom to inform it of

the measures which it had taken in consequence of the judgments,

having regard to its obligation under Article 53 (art. 53) of the

Convention to abide by the judgments;

Whereas during the examination of this case by the Committee of

Ministers the Government of the United Kingdom informed the Committee

of the measures taken in consequence of the judgments, which

information appears at the appendix to this resolution;

Having taken note of this information and having satisfied itself that

the Government of the United Kingdom has paid the costs and expenses

provided for in the judgment of the Court of 24 February 1983,

Declares that it has exercised its function under Article 54 (art. 54)

of the Convention in this case.

Appendix to Resolution DH (83) 13

Information provided by the Government of the United Kingdom during

the examination of the Dudgeon case by the Committee of Ministers

The provisions of the Homosexual Offences (Northern Ireland) Order

1982 amended the law of Northern Ireland by causing homosexual acts

between two consenting male adults in private to cease to be a

criminal offence. This change in the law came into operation

on 9 December 1982.

The Government of the United Kingdom paid to the applicant on

24 March 1983 the sum ordered by the Court to be paid in respect of

costs and expenses.

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