The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Norris case delivered on 26 October 1988 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Ireland lodged with the European Commission of Human Rights
on 5 October 1983 under Article 25 (art. 25) of the Convention by
Mr David Norris, an Irish national, who complained of an
interference with his right to respect for his private life because
of the existence of legislation prohibiting male homosexual
activity;
Recalling that the case was brought before the Court by the
Commission on 14 May 1987;
Whereas in its judgment of 26 October 1988 the Court:
- held by eight votes to six that the applicant could claim to
be a victim within the meaning of Article 25 (art. 25) of the
Convention;
- held by eight votes to six that there was a breach of
Article 8 (art. 8) of the Convention;
- held unanimously that Ireland should pay to the applicant,
in respect of legal costs and expenses, the amount of
14 962 Irish pounds and 49 pence, less 7 390 French francs to
be converted into Irish pounds at the rate applicable on the
date of delivery of the judgment;
- dismissed unanimously the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of Ireland to inform it of the
measures which had been taken in consequence of the judgment of
26 October 1988, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Ireland gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 1 December 1988 the Government
of Ireland has paid the applicant the sums provided for in the
judgment of 26 October 1988,
Declares, after having taken note of the information supplied
by the Government of Ireland, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (93) 62
Information provided by the Government of Ireland
during the examination of the Norris case
by the Committee of Ministers
The new Criminal Law (Sexual Offences) Act 1993, which entered
into force on 7 July 1993, has modified the Irish criminal
legislation regarding homosexual acts. Since the entry into force
of the new act, homosexual acts between consenting male adults of
more than 17 years of age and capable of valid consent are no
longer offences under Irish criminal law.
The sum awarded to the applicant in the Court's judgment of
26 October 1988 was paid on 1 December 1988 to the applicant's
counsel.
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