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X. v. the United Kingdom was a 1978 case before the European Court of Human Rights, challenging the Sexual Offences Act 1956 in the United Kingdom. The case addressed privacy protections and age of consent laws for homosexuals (application no. 7215/75). [1] [2] [3]
In 1974, a 26-year-old male, anonymously identified as 'X' but subsequently identified as Peter Vernon Wells (1947–79), [4] was arrested in the United Kingdom and charged under the Sexual Offences Act 1956 with two counts of buggery committed with two 18-year-old men. X was sentenced two and a half years of imprisonment on the first count and six months on the second count. There was evidence shown that X had 'virtually made a prisoner' of one of the men he had relationship with; however this was contradicted not only by X but also the man he had a relationship with. [5]
The applicant in the case, X, contended that his arrest and imprisonment was a violation of Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private life, and that homosexual relations between consenting adults should not be criminal offences.
X also appealed that The Sexual Offences Act 1956, which provided that sexual relations with a male under the age of 21 constituted an offence, was also in violation of Article 14, which prohibits discrimination. X's claim was based on the fact that the act treated homosexual relations differently from heterosexual relationships, and that it treated male homosexual acts differently from female ones.
The Court ruled unanimously that prosecution and imprisonment of X was not an interference with his right to privacy, because there was an element of force involved in one of the relationships. Therefore, no violation of Article 8 of the ECHR had taken place.
On the issue of the act's age of consent being fixed at 21, the Court ruled eight votes to four that the age of consent laws were not in violation of the human rights convention, because protection of the rights of others was a legitimate aim, and therefore justified. No violation of either Article 8 or Article 14 had taken place.
On the issue of discrimination of homosexuals but not heterosexuals in the act's age of consent provisions, the Court ruled nine votes to two with one abstention that social protection was an "objective and reasonable justification" for the criminal sanctions, and that no violation of either Article 8 or Article 14 had taken place.
On the issue of the act's difference in its treatment of male and female homosexual acts, the Court ruled eleven votes with one abstention that, citing German studies which describe "a specific social danger in the case of masculine homosexuality", and that male homosexuals as having "a clear tendency to proselytise adolescents", the act's aims were justified, and no violation of either Article 8 or Article 14 had taken place.
The findings of the Court concerning the compatibility of an unequal age of consent were overturned in 2003 by S.L. v. Austria.
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
The Buggery Act 1533, formally An Acte for the punishment of the vice of Buggerie, was an Act of the Parliament of England that was passed during the reign of Henry VIII.
The Sexual Offences (Amendment) Act 2000 (c.44) is an Act of the Parliament of the United Kingdom. It set the age of consent for male homosexual sexual activities and for heterosexual anal sex at 16, which had long been the age of consent for all other types of sexual activities, such as vaginal sex or lesbian sex. As such, it made the age of consent for all types of sexual acts equal, without discrimimating on the basis of the type of act or of the sexes of those involved in the act. It also introduced the new offence of 'having sexual intercourse or engaging in any other sexual activity with a person under 18 if in a position of trust in relation to that person'.
The Bolton 7 were a group of gay and bisexual men who were convicted on 12 January 1998 in the United Kingdom before Judge Michael Lever at Bolton Crown Court of the offences of gross indecency under the Sexual Offences Act 1956. Although gay sex was partially decriminalised by the Sexual Offences Act 1967, they were all convicted under section 13 of the 1956 Act because more than two men had sex together, which was still illegal. One of the participants was also six months under the statutory age of consent for male gay sex: at the time, such an age was set at 18, while the heterosexual and lesbian age of consent was instead set at 16.
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.
Sutherland v United Kingdom originated as a complaint by Mr Euan Sutherland to the European Commission of Human Rights that the fixing of the minimum age for lawful homosexual activities at 18 rather than 16, as for heterosexual activities, violated his right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was first filed on 8 June 1994 and ultimately led to the equalisation of the age of consent for homosexual and heterosexual acts.
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.
The Sexual Offences Act 1967 is an act of Parliament in the United Kingdom. It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. The law was extended to Scotland by the Criminal Justice (Scotland) Act 1980 and to Northern Ireland by the Homosexual Offences Order 1982.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
The ages of consent vary by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.
In North America, the legal age of consent relating to sexual activity varies by jurisdiction.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
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.
The Homosexual Offences Order 1982, No. 1536, is an Order in Council which decriminalized homosexual acts between consenting adults in Northern Ireland. The Order was adopted as a result of a European Court of Human Rights case, Dudgeon v. United Kingdom (1981), which ruled that Northern Ireland's criminalisation of homosexual acts between consenting adults was a violation of Article 8 of the European Convention on Human Rights.
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.
Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).
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 and defined by many courts and jurisdictions to include any or all forms of sexual acts that are deemed to be "illegal", "illicit", "unlawful", "unnatural" and/or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
X and Others v. Austria, Application No. 19010/07, was a human rights case that was decided in 2013 by the European Court of Human Rights (ECtHR). The case concerned whether the Government of Austria had discriminated against Austrian citizens who were in same-sex relationships because the wording of the Austrian Civil Code did not permit unmarried same-sex couples access to legally granted second-parent adoptions, whereas it was available to unmarried heterosexual couples.
The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.
