Tag Archives: Revisse

Homosexuals in the Armed Forces

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

[2002]. 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.

Article 10 – freedom of expression

It gives the right to freedom of expression. Both 10 and 11 are subject to similar

restrictions to those contained in Article 8.

Relevance to Employment:

These Articles (10 and 11) are most likely to be relevant to:

1 employees’ attendance at religious ceremonies

2 employers’ imposition of dress codes. Here there would be no need for a

comparison between the sexes as, under the SDA 1975, the issue would be simply

whether the interference with the freedom could be justified by the employer (eg on

health and safety grounds – but what about enhancing the employer’s business

reputation?). To a large extent the protection offered by Article 10 is mirrored in


3 Article 10 may also impact on confidentiality clauses in contracts.