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The Ombudsman against Discrimination on grounds of Sexual Orientation has ceased to exist. On 1 January 2009 the Ombudsman was merged with the other Ombudsmen against discrimination into a new body: the Swedish Equality Ombudsman. The previously existing acts against discrimination were also replaced with a new Discrimination Act. Some of the material on this website may therefore be out of date. For more information, see: www.do.se
Great Britain – Discharge from the armed forces – Right to private life This case involved persons who had all been granted permission to resign from their duties in the armed forces on the grounds of their sexual orientation. The Court of Justice of the European Communities referred to the previous rulings in the Lustig-Pream and Becket and the Smith and Grady cases in which the Court had concluded that investigation of the plaintiffs’ sexual orientation and their discharge from the armed forces due to homosexuality constituted direct infringement of their right to respect for their private lives. In this case too, the actions taken on the basis of national legislation could not be considered justified on the grounds that they were essential in a democratic society (Article 8.2). The Court of Justice ruled in line with its previous judgments and noted that the state’s actions contravened Article 8. In addition, the plaintiffs in the Beck, Copp and Bazeley case claimed that they had been subjected to demeaning treatment, in contravention of Article 3 of the European Convention, and that they had not had access to due legal process as stipulated in Article 13. As in the previous cases, the Court referred to its earlier rulings in the Lustig-Pream and Becket and the Smith and Grady cases, and once again concluded that there had been contravention of Article 13, but not of Article 3. (Case of Perkins and R. v. the United Kingdom (Application Nos. 43208/98 and 44875/98), 22 October 2002, Case of Beck, Copp and Bazeley v. the United Kingdom (Application Nos. 48535/99, 48536/99 and 48537/99), 22 October 2002) Read the full text of the judgments: Case of Perkins and R. v. the United Kingdom (Word document) Case of Beck, Copp and Bazeley v. the United Kingdom (Word document) |
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HomO | Box 3327, 103 66 Stockholm | E-mail: homo@homo.se | Phone: +46 (0)8 508 887 80 | Fax: +46 (0)8 508 887 90 |
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