The Committee of Ministers, under the terms of Article 32 (art. 32) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as the "Convention");
Having regard to the report drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the Convention
relating to the application lodged by X against the United Kingdom
(No. 7215/75);
Whereas on 22 November 1978 the Commission transmitted the said report
to the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the Convention
has elapsed without the case having been brought before the European
Court of Human Rights, in pursuance of Article 48 (art. 48) of the
Convention;
Whereas in his application submitted on 8 August 1975, the applicant
complained of an unjustifiable interference with his right to respect
for private life by being prosecuted and sentenced to imprisonment for
private sexual behaviour, alleging a violation of Article 8,
paragraph 1 (art. 8-1), of the Convention, that male homosexuals are
discriminated against, since the age of consent for private acts
between male homosexuals is 21 years of age while heterosexual
relationships are permitted at the age of 16, alleging a violation of
Article 14 in conjunction with Article 8, paragraph 1 (art. 14+8-1),
of the Convention and of the denial of his right to express his
feelings of love to other men while in prison, alleging a violation of
Article 10, paragraph 1 (art. 10-1), of the Convention;
Whereas the Commission declared the application admissible on
5 October 1977 and, in its report adopted on 12 October 1978, examined,
insofar as Article 8 (art. 8) of the Convention is concerned, first
whether the application of the law relating to the sexual behaviour of
the applicant constitutes an unwarranted infringement of his right to
respect for private life and second whether the law which fixes the
"age of consent" for homosexual relations at the age of 21 constitutes
an unjustified interference with his right to respect for private
life;
Whereas in its report, the Commission concluded that there had been no
violation of Article 8, paragraph 1 (art. 8-1), by 9 votes to 2
with 1 abstention that the difference in the "age of consent" for
homosexual and heterosexual relations does not constitute
discrimination and by 11 votes with 1 abstention that a similar
difference in the legal provisions governing male and female
homosexual behaviour does not constitute discrimination contrary to
Article 14 (art. 14) of the Convention and, by a unanimous vote, that
the applicant's rights under Article 10, paragraph 1 (art. 10-1), of
the Convention had not been violated;
Whereas the Committee of Ministers had been informed that throughout
the proceedings before the Commission, the applicant had requested
that his identity should not be revealed in any report or decision
made in this case;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention,
Decides that in this case there has been no violation of the
Convention for the Protection of Human Rights and Fundamental
Freedoms.