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European Court of Human Rights: decisions

01 May 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.)