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Norris v. Ireland

1988 European Court of Human Rights case


Summary

1988 European Court of Human Rights case

FieldValue
courtECtHR
SubmitYear1987
DecideDate26 October
DecideYear1988
FullNameDavid Norris v. Ireland
CaseNumber6/1987/129/180
NationalityIrish
JudgePresidentR. Ryssdal
Judge1J. Cremona
Judge2Thór Vilhjálmsson (jurist)
Judge3F. Gölcüklü
Judge4F. Matscher
Judge5L.-E. Pettiti
Judge6Brian Walsh (judge)
Judge7Vincent Evans
Judge8C. Russo
Judge9R. Bernhardt
Judge10A. Spielmann
Judge11Jan de Meyer
Judge12J.A. Carrillo Salcedo
Judge13N. Valticos
  • Article 8 of the European Convention on Human Rights
  • Criminal Law Amendment Act 1885
  • Offences against the Person Act 1861
  • Dudgeon v United Kingdom

Norris v. Ireland was a case decided by the European Court of Human Rights (ECHR) in 1988, in which David Norris successfully charged that Ireland's criminalisation of certain homosexual acts between consenting adult men was in breach of Article 8 of the European Convention on Human Rights (right to respect for private and family life).

Original case

Main article: Norris v. Attorney General

The original case in the Irish courts was Norris v. Attorney General, introduced in 1977 and decided by the Supreme Court of Ireland in 1983. Norris's Senior Counsel was fellow member of the Campaign for Homosexual Law Reform, Mary Robinson, who in 1990 would become the first female President of Ireland. The Irish courts ruled that Norris's right to privacy was not violated by the Offences against the Person Act 1861 (criminalising "buggery") and the Criminal Law Amendment Act 1885 (criminalising "gross indecency").

Case before the ECtHR

Norris appealed the Irish court's decision to the ECtHR in 1983. The Court passed judgment in 1988, deciding in Norris's favour on grounds similar to those of its 1981 decision in Dudgeon v United Kingdom.

The laws impugned by the judgment were eventually repealed by the Criminal Law (Sexual Offences) Act, 1993.

References

Notes

  • {{cite BAILII

References

  1. (23 June 1993). "Private Members' Business. - Criminal Law (Sexual Offences) Bill, 1993: Second Stage.". Oireachtas.
  2. [http://www.irishstatutebook.ie/1993/en/act/pub/0020/ Criminal Law (Sexual Offences) Act, 1993] {{Webarchive. link. (2015-03-29 [[Irish Statute Book]])
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