The case ADT v United Kingdom¹ was a complaint brought by a British citizen, A D T, who was convicted of gross indecency for engaging in consensual homosexual acts with more than two other men in private. He claimed that the UK law that prohibited such acts violated his right to respect for his private life under Article 8 of the European Convention on Human Rights (ECHR).
The European Court of Human Rights (ECtHR) agreed with him and found that there was a violation of Article 8. The Court held that the law was not necessary in a democratic society to protect morals or the rights and freedoms of others, as required by Article 8(2). The Court noted that the law was discriminatory and arbitrary, as it did not apply to heterosexual or lesbian groups, and that it had a chilling effect on the development of personal relationships and identity of homosexual men.
The relevance of the case is that it was one of the first cases to challenge the criminalization of homosexual acts between consenting adults in private in the UK. It contributed to the recognition and protection of the human rights of sexual minorities in Europe. It also influenced the subsequent repeal of the law in question by the Sexual Offences Act 2003², which decriminalized all consensual sexual activity between adults over 16, regardless of gender or number.
¹: ADT v United Kingdom
²: Sexual Offences Act 2003
(1) Oxford Public International Law: ADT v United Kingdom, Judgment, Merits …. https://opil.ouplaw.com/abstract/10.1093/law:ihrl/2606echr00.case.1/law-ihrl-2606echr00.
(2) BAILII – BAILII OpenLaw – Human Rights (ECHR). https://www.bailii.org/openlaw/human_rights_echr.html.
(3) Oxford Public International Law: ADT v United Kingdom, Judgment, Merits …. https://opil.ouplaw.com/abstract/10.1093/law:ihrl/2606echr00.case.1/law-ihrl-2606echr00.
(4) ADT v United Kingdom: ECHR 4 Aug 2000 – swarb.co.uk. https://swarb.co.uk/adt-v-united-kingdom-ECHR-4-Aug-2000/.
(5) Online Law Learning Platform – Simple Studying. https://simplestudying.com/adt-v-united-kingdom-3576597-2000-cly-3251.
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