BUCKLEY v. THE UNITED KINGDOMDISSENTING OPINION OF MR. E. BUSUTTIL
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Document date: January 11, 1995
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DISSENTING OPINION OF MR. E. BUSUTTIL
I voted against violation in this case because I had taken the
view, at the admissibility stage, that the applicant could not be
considered a victim of any violation of her rights to respect for her
family life, private life and home under Article 8 para. 1 of the
Convention.
No one had prevented the applicant from conducting her family and
private life in a caravan home. She was merely prevented from camping
her caravans on land which lacked the requisite planning permission.
Indeed, to allow her to pursue the traditional lifestyle of a gypsy to
her heart's content, she had repeatedly been invited by the authorities
concerned to apply for a vacant pitch on a nearby official caravan site
where vacancies frequently occurred. She had stubbornly refused to do
so for spurious reasons, as the letter dated 3 May 1994 from the Legal
and Housing Director of the South Cambridgeshire District Council to
her solicitors makes abundantly clear. Thus in the letter the Director
describes the condition of the site as "immaculate" and the site
residents as "pleasant, friendly people" in sharp contrast to the
applicant's claim that it was an unsafe location for a single woman
living alone with her children.
(Or. French)