Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Lustig-Prean and Beckett v. the United Kingdom

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Human Rights Case Digest

Investigations by the British armed forces into allegations of homosexuality of applicants and in particular the interviews, which were exceptionally intrusive, the administrative discharges which had a profound effect on the applicants' careers and prospects and the absolute and general character of the policy to discharge homosexuals, which admitted of no exception, constituted especially grave interferences with applicants' private lives. The British Government's core argument that the presence of homosexuals in the armed forces would have a substantial and negative effect on morale and, consequently, on the fighting power and operational effectiveness of the armed forces lacked concrete evidence. The Court also considered the widespread and consistently developing views or the legal changes in the domestic laws of Contracting States in favour of the admission of homosexuals into the armed forces of those States. Moreover, the test of irrationality applied by British courts to review Government decisions, whereby a court was not entitled to interfere with the exercise of an administrative discretion on substantive grounds save where that court was satisfied that the decision was unreasonable, in the sense that it was beyond the range of responses open to a reasonable decision-maker, placed the threshold so high that it effectively excluded any consideration by the domestic courts of the question of whether the interference with the applicants' private lives had answered a pressing social need or was proportionate to the national security and public order aims pursued by the Government, principles which lie at the heart of the Court's analysis under Article 8 and so did not provide an effective remedy.

10.1163/157181399400838751
/content/journals/10.1163/157181399400838751
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157181399400838751
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157181399400838751
Loading

Article metrics loading...

/content/journals/10.1163/157181399400838751
1999-07-01
2016-12-04

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Human Rights Case Digest — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation