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X. AGAINST THE UNITED KINGDOM

Doc ref: 7215/75 • ECHR ID: 001-49230

Document date: June 12, 1979

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Cited paragraphs: 0
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X. AGAINST THE UNITED KINGDOM

Doc ref: 7215/75 • ECHR ID: 001-49230

Document date: June 12, 1979

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 32) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as the "Convention");

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the Convention

relating to the application lodged by X against the United Kingdom

(No. 7215/75);

Whereas on 22 November 1978 the Commission transmitted the said report

to the Committee of Ministers and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the Convention

has elapsed without the case having been brought before the European

Court of Human Rights, in pursuance of Article 48 (art. 48) of the

Convention;

Whereas in his application submitted on 8 August 1975, the applicant

complained of an unjustifiable interference with his right to respect

for private life by being prosecuted and sentenced to imprisonment for

private sexual behaviour, alleging a violation of Article 8,

paragraph 1 (art. 8-1), of the Convention, that male homosexuals are

discriminated against, since the age of consent for private acts

between male homosexuals is 21 years of age while heterosexual

relationships are permitted at the age of 16, alleging a violation of

Article 14 in conjunction with Article 8, paragraph 1 (art. 14+8-1),

of the Convention and of the denial of his right to express his

feelings of love to other men while in prison, alleging a violation of

Article 10, paragraph 1 (art. 10-1), of the Convention;

Whereas the Commission declared the application admissible on

5 October 1977 and, in its report adopted on 12 October 1978, examined,

insofar as Article 8 (art. 8) of the Convention is concerned, first

whether the application of the law relating to the sexual behaviour of

the applicant constitutes an unwarranted infringement of his right to

respect for private life and second whether the law which fixes the

"age of consent" for homosexual relations at the age of 21 constitutes

an unjustified interference with his right to respect for private

life;

Whereas in its report, the Commission concluded that there had been no

violation of Article 8, paragraph 1 (art. 8-1), by 9 votes to 2

with 1 abstention that the difference in the "age of consent" for

homosexual and heterosexual relations does not constitute

discrimination and by 11 votes with 1 abstention that a similar

difference in the legal provisions governing male and female

homosexual behaviour does not constitute discrimination contrary to

Article 14 (art. 14) of the Convention and, by a unanimous vote, that

the applicant's rights under Article 10, paragraph 1 (art. 10-1), of

the Convention had not been violated;

Whereas the Committee of Ministers had been informed that throughout

the proceedings before the Commission, the applicant had requested

that his identity should not be revealed in any report or decision

made in this case;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention,

Decides that in this case there has been no violation of the

Convention for the Protection of Human Rights and Fundamental

Freedoms.

LEXI

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