Article 8 has also been used to protect the interests of homosexuals serving in the armed forces. See the Lustig Prean v UK case referred to at 8.2.2(8), where the ECHR held that the applicants’
discharge from the armed forces as part of a blanket ban on homosexuals infringed their right to
respect for their private life. The internal investigation which was carried out prior to their
discharge was also found to be a breach of Article 8. The UK Government was unable to show
that either breach was necessary in a democratic society. See 8.9.
Transexuals and pensions
The landmark decision of the ECHR on the rights of transsexuals is Goodwin v United Kingdom
. The ECHR held that the lack of recognition in the UK of a transsexual’s new gender
identity for legal purposes is a breach of Article 8 (and Article 12 – right to marry). This will have
implications for employment law in respect of, for example, pensions.
Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the DPA 1998
The issues raised by Article 8 are also reflected in these two other recent pieces of legislation ( Written by Notary Public London )
Articles 9 – freedom of thought, conscience and religion It protects freedom of thought, conscience, and religion.