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European Court of Human Rights: decisions (1)

01 January 1991

European Court of Human Rights: decisions
artdoc July=1993

A Communist and CND activist has lost his claim to the European
Commission of Human Rights over his rejection for a job at the
Central Office of Information. David Esbester claimed that the
UK had breached Article 8 of the ECHR (right to respect for
private life) by inquiries by the Special Branch and the secret
service into his political activities. The Commission accepted
the government's argument that the inquiries were justified by
the interests of national security (Guardian 6.4.93.).
Three gay men have launched a claim against Britain claiming
that the age of consent for male homosexuals violates their right
to respect for their private life under Art 8 of the Convention.
The men say that, at 21, the British age of consent is the
highest in Europe. Heterosexuals and lesbians are allowed to have
sex at 16, but in 1991 213 gay men were prosecuted for underage
sex in England and Wales, of whom 169 were convicted and 13
imprisoned.
(Independent,5.4.93).
A requirement either to join a trade union or to move to
another workplace was not a violation of Art 11 (freedom of
association), said the European Court of Human Rights dismissing
a claim against Britain. Mr Sibson claimed victimisation after
he resigned from the TGWU and joined another union, but the Court
said on 20 April that he did not have a conscientious objection
to unions and he had not been forced to join one, so there was
no relevant breach. (Guardian 10.5.93.)

Statewatch vol 3 no 3 May-June 1993