on human dignity, equality and freedom which would lead me to a different conclusion. In fact, on balance, they support such a conclusion. In many of these countries there has been a definite trend towards decriminalisation.
[40]In 1967 in England and Wales,[1] and in 1980 in Scotland,[2] sodomy between consenting adult males in private was decriminalised. However, in Northern Ireland the criminal law relating to sodomy remained unchanged. In 1981, in Dudgeon v United Kingdom,[3] the European Court of Human Rights held that the sodomy laws of Northern Ireland was in breach of the article 8[4] privacy provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) to the extent that they criminalised sodomy between adult consenting males in private. In 1982 Northern Ireland amended its laws accordingly.[5] The same conclusion was reached
- ↑ By the 1967 Sexual Offences Act and see S v K above n 7 at paras 33 and 41.
- ↑ By the Criminal Justice (Scotland) Act 1980.
- ↑ (1982) 4 EHHR 149 at para 61.
- ↑ Article 8 provides:
“(1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” - ↑ Homosexual Offence (Northern Ireland) Order 1982, N.I. Statutes, SI 1982/1536 (N.I.19).
