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The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.
Dudgeon v the United Kingdom (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885 which criminalised male homosexual acts in England, Wales and Northern Ireland violated the European Convention on Human Rights. The case was significant
- as the first successful case before the ECtHR on the criminalisation of male homosexuality
- as the case which led to legislation in 1982 bringing the law on male homosexuality in Northern Ireland into line with that in Scotland and in England and Wales ;
- as a lead-in to Norris v. Ireland, a later case before the ECtHR argued by Mary Robinson, which challenged the continued application of the same 1885 law in the Republic of Ireland; and,
- for setting the legal precedent that ultimately resulted in the Council of Europe requiring that no member state could criminalise male or female homosexual behaviour.
X. v. the United Kingdom was a 1978 case before the European Court of Human Rights, challenging the Sexual Offences Act 1967 in the United Kingdom. The case addressed privacy protections and age of consent laws for homosexuals.
Norris v. Ireland was a case decided by the European Court of Human Rights (ECHR) in 1988, in which David Norris successfully charged that Ireland's criminalisation of certain homosexual acts between consenting adult men was in breach of Article 8 of the European Convention on Human Rights.
S.L. v. Austria was a case in the European Court of Human Rights concerning the age of consent. Austrian law, under Article 209 of the Austrian Criminal Code, provided for higher age of consent for male homosexual relations than for other relations. The judgment of the court was delivered on 9 January 2003.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Cyprus may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Cyprus, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015.
Human rights in Cyprus are protected by the constitution of the Republic of Cyprus. However, there have been reports of violations of the human rights of minorities, democratic freedom, rights of detainees, freedom of religion, rights of women, freedom of press and the freedom of speech.
The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the Convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation, and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 when "read in the light of Article 9". Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
Section 171 of the Criminal Code of Cyprus was a section of the Cyprus Criminal Code, which was enacted in 1929, that criminalized homosexual acts between consenting male adults. Until 1998, the section read:
"Any person who (a) has carnal knowledge of any person against the order of nature, or (b) permits a male person to have carnal knowledge of him against the order of nature is guilty of a felony and is liable to imprisonment for five years".
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed to be unnatural or immoral. Sodomy typically includes anal sex, oral sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexual couples.
S and Marper v United Kingdom [2008] ECHR 1581 is a case decided by the European Court of Human Rights which held that holding DNA samples of individuals arrested but who are later acquitted or have the charges against them dropped is a violation of the right to privacy under the European Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Northern Cyprus face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Northern Cyprus since 7 February 2014. Previous laws allowed three years prison sentences, according to articles 171 and 173 of its criminal code. Female homosexuality was not criminalised. Arrests for homosexuality have occurred as recently as 2011.
R v Commissioner of Police of the Metropolis [2009] UKSC 3, was a 2009 case heard by the Supreme Court of the United Kingdom.
Naz Foundation v. Govt. of NCT of Delhi is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.
Smith and Grady v UK (1999) 29 EHRR 493 was a notable decision of the European Court of Human Rights that unanimously found that the investigation into and subsequent discharge of personnel from the Royal Navy on the basis they were homosexual was a breach of their right to a private life under Article 8 of the European Convention on Human Rights. The decision, which caused widespread controversy at the time led the UK to adopt a revised sexual-orientation-free Armed Forces Code of Social Conduct in January 2000. In UK law the decision is notable because the applicants' case had previously been dismissed in both the High Court and Court of Appeal, who had found that the authorities' actions had not violated the principles of legality including Wednesbury unreasonableness, thus highlighting the difference in approach of the European Court of Human Rights and the domestic courts.
Human rights in Northern Cyprus are protected by the constitution of Northern Cyprus. However, there have been reports of violations of the human rights of minorities, democratic freedom, freedom from discrimination, freedom from torture, freedom of movement, freedom of religion, freedom of speech, right to education, right to life, right to property, and the rights of displaced persons. The rights of Greek Cypriots displaced by the 1974 Turkish invasion of Cyprus, notably their rights to property and right of return, is one of the focal points of ongoing negotiations for the solution of the Cyprus question.
Modinos may refer to:
References
- Modinos v. Cyprus, 7/1992/352/426( European Court of Human Rights 1993-04-22). Text, ECLI:CE:ECHR:1993:0422JUD001507089
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