Dudgeon Case

Abstract

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Connected with legislation — European Convention on Human Rights, 1950, Article 8 — Whether mere existence of legislation affected right to respect for private life — Whether absence of prosecutions meant law was a dead letter

State responsibility — Damages — Award of damages in general — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction in respect of established breach — Whether change in law in itself adequate satisfaction without financial compensation

Disputes — Other international courts — European Court of Human Rights — Whether applicant a victim within meaning of Article 25 of European Convention on Human Rights, 1950 — Margin of appreciation — Article 50 — Just satisfaction — Order for declaration by respondent Government requested — Whether admissible

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950, Article 8 — Right to respect for private life — Whether including sexual life — Prohibition of homosexual acts between consenting adults in private — Law of Northern Ireland — Absence of similar prohibition in rest of United Kingdom — Whether mere existence of legislation affected private life — Absence of prosecutions — Whether law no longer enforced — Whether applicant a victim within meaning of Article 25 of Convention — Justifications for interference under Article 8(2) — Whether necessary in a democratic society — Margin of appreciation of national authorities — Whether more extensive for issues involving morals — European standard — Pressing social need — Requirement of proportionality — Whether necessary to examine complaint under Article 14 in conjunction with Article 8

Article 50 — Breach of right to respect for private life established — Just satisfaction — Whether change in law of Northern Ireland in itself adequate satisfaction — Need for financial compensation — Order for declaration by respondent Government requested — Whether admissible — Legal costs and other expenses referable to proceedings before Convention institutions — Whether actually, necessarily and reasonably incurred