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Dudgeon v. the United Kingdom : ウィキペディア英語版
Dudgeon v United Kingdom

''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 (since 1980) and in England and Wales (since 1967);
#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.
==Facts==
Jeff Dudgeon was a shipping clerk and gay activist in Belfast, Northern Ireland, when he was interrogated by the Royal Ulster Constabulary about his sexual activities. He filed a complaint with the European Commission of Human Rights in 1975, which after a hearing in 1979 declared his complaint admissible to the European Court of Human Rights. The Court hearing was in April 1981 before a full panel of 19 judges. Dudgeon was represented by barristers Lord Gifford, Terry Munyard and solicitor Paul Crane.
On 22 October 1981, the Court agreed with the Commission that Northern Ireland's criminalisation of homosexual acts between consenting adults was a violation of Article 8 of the European Convention on Human Rights which says: “Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society …for the protection of health or morals....” Judgment was given in Dudgeon's favour on that aspect by 15 votes to 4.
It stated the “restriction imposed on Mr. Dudgeon under Northern Ireland law, by reason of its breadth and absolute character, is, quite apart from the severity of the possible penalties provided for, disproportionate to the aims sought to be achieved.” However, the ruling continued, "it was for countries to fix for themselves...any appropriate extension of the age of consent in relation to such conduct."

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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