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Lustig-Prean and Beckett v. the United Kingdom

Lustig-Prean and Beckett v. the United Kingdom 181 10 hrcd [ 1999 ] LUSTIG-PREAN and BECKETT v. the UNITED KINGDOM SMITH and GRADY v. the UNITED KINGDOM Right to respect for private life – violation Article 8 Right to an effective remedy – violation Article 13 Investigations by the British armed forces into allegations of homosexuality of applicants and in particular the interviews, which were exceptionally intrusive, the administrative discharges which had a profound effect on the applicants’ careers and prospects and the absolute and general character of the policy to discharge homosexuals, which admitted of no exception, constituted especially grave interferences with applicants’ private lives. The British Government’s core argument that the presence of homosexuals in the armed forces would have a substantial and negative effect on morale and, consequently, on the fighting power and operational effectiveness of the armed forces lacked concrete evidence. The Court also considered the widespread and consistently developing views or the legal changes in the domestic laws of Contracting States in favour of the admission of homosexuals into the armed forces of those States. Moreover, the test of irrationality applied by British courts to review Government decisions, whereby a court was not entitled to interfere with the exercise of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Lustig-Prean and Beckett v. the United Kingdom

Human Rights Case Digest , Volume 10 (7-9): 181 – Jan 1, 1999
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Publisher
Brill
Copyright
© 1999 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
DOI
10.1163/157181399400838751
Publisher site
See Article on Publisher Site

Abstract

181 10 hrcd [ 1999 ] LUSTIG-PREAN and BECKETT v. the UNITED KINGDOM SMITH and GRADY v. the UNITED KINGDOM Right to respect for private life – violation Article 8 Right to an effective remedy – violation Article 13 Investigations by the British armed forces into allegations of homosexuality of applicants and in particular the interviews, which were exceptionally intrusive, the administrative discharges which had a profound effect on the applicants’ careers and prospects and the absolute and general character of the policy to discharge homosexuals, which admitted of no exception, constituted especially grave interferences with applicants’ private lives. The British Government’s core argument that the presence of homosexuals in the armed forces would have a substantial and negative effect on morale and, consequently, on the fighting power and operational effectiveness of the armed forces lacked concrete evidence. The Court also considered the widespread and consistently developing views or the legal changes in the domestic laws of Contracting States in favour of the admission of homosexuals into the armed forces of those States. Moreover, the test of irrationality applied by British courts to review Government decisions, whereby a court was not entitled to interfere with the exercise of

Journal

Human Rights Case Digest – Brill

Published: Jan 1, 1999

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