Dudgeon v. the United Kingdom  | 1981

Man persecuted for his sexuality wins landmark judgment – transforming the law in Northern Ireland and beyond

The actual fear level was enormous . . . It was a crime, that was the official government attitude.

Jeffrey Dudgeon, in the documentary ‘The Secret’s Out’ by Northern Visions - © Photo: Jeffrey Dudgeon

 

Background

In the early 1980s, homosexuality was still a crime in Northern Ireland.

Jeffrey Dudgeon had known that he was gay since the age of 14. He experienced fear of harassment, blackmail, suffering and psychological distress.

One day, Jeffrey’s house was raided by police, who confiscated his letters and diaries. Jeffrey was brought into a police station, where he was interrogated about his sexual life for four-and-a-half hours. A year later, when his personal belongings were returned to him, the papers had annotations all over them.

Judgment of the European Court of Human Rights

The European court ruled that by criminalising homosexuality, Northern Ireland had violated people’s right to a private life.

...he has experienced fear, suffering and psychological distress directly caused by the very existence of the laws in question...

Judgment of the European Court of Human Rights, October 1981 - © Photo: Jeffrey Dudgeon

Follow-up

In 1982, Northern Ireland changed its criminal laws to legalise homosexual acts between consenting male adults.

The judgment was a test case, followed by many others at the European court. It led to the decriminalisation of homosexuality in many European countries, providing freedom for millions of people.

Themes:

Related examples

Same-sex couples win the right to enter civil partnerships

As a same-sex couple, Grigoris Vallianatos and Nikolaos Mylonas were prevented under Greek law from entering a civil partnership, which is a form of official union different to marriage. The European Court of Human Rights ruled that this was discriminatory. In response to the judgment, Greece passed a new law that gave same-sex couples the right to enter civil partnerships.

Read more

Historic ruling ends ban on gay people serving in the armed forces

Jeanette Smith, Graeme Grady, Duncan Lustig-Prean and John Beckett were all investigated and dismissed from the armed forces because they were gay. The European court ruled that the UK was unable to justify this policy and that its actions against the service members had violated their rights. In response to the judgment, the UK lifted the ban on gay people serving in the military.

Read more

Legal aid system introduced after woman suffering from domestic violence was unable to access the courts

Mrs Airey wanted to be legally separated from her husband, who was allegedly a violent alcoholic. However, there was no legal aid and she could not afford the lawyers’ fees. The European Court of Human Rights ruled that the lack of legal aid effectively denied Mrs Airey access to a court, breaching her basic rights. Legal aid for such cases was introduced in Ireland in the following year.

Read more