Smith and Grady v. the United Kingdom (dec.)

Information Note on the Court’s case-law No. 3

February 1999

Smith and Grady v. the United Kingdom (dec.) - 33985/96 and 33986/96

Decision 23.2.1999 [Section III]

Article 8

Article 8-1

Respect for private life

Discharge from army due to implementation of policy against participation of homosexual in armed forces: admissible

Article 14

Discrimination

Discharge from army due to implementation of policy against participation of homosexual in armed forces: admissible

[This summary also covers the decision in the case of Lustig-Prean and Beckett v. the United Kingdom, 31417/96 and 32377/96, 23 February 1999]

These cases concern the investigation and administrative discharge of armed forces personnel relating to the implementation of an absolute policy against the participation of homosexuals in the armed forces of the United Kingdom. The Smith and Gradycase also raises several other issues.

Admissible under Article 8 alone and in conjunction with Article 14 (and, for the Smith and Grady case, also under Article 3 and 10 in conjunction with Article 14 and Article 13 in conjunction with Articles 3, 8, 10 and 14).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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