General Article UK breaches of human rights law

Topic Selected: Human Rights Book Volume: 372
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By Louise Smith, barrister

Although the UK has taken well known steps to incorporate internationally recognised human rights law into domestic legislation there are still cases where it is found to have breached human rights. Whilst many cases are resolved within the UK’s own legal system, there continue to be cases which go to the European Court of Human Rights (ECHR) for a final decision. We look at some cases where the UK has been found, by the ECHR, to have violated human rights law.

Sexuality of people serving in the UK’s armed forces

In 2000 the ECHR found that the UK had violated the human rights of several homosexual soldiers who had been dismissed from the armed forces because of their sexuality. The ECHR ordered the UK to pay substantial damages to the individuals involved. The fact that the soldiers had been questioned about their sexuality, and then dismissed because of it, was held to be a breach of their right to privacy. This case led to the law on the sexuality of th...

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