Norris v. Ireland

The applicant was a gay man who challenged various provisions of the Offences Against the Person Act 1861, which criminalized all sexual acts between men. He argued before the domestic courts that the relevant provisions penalizing homosexual acts between men were inconsistent with the Constitution, particularly the right to privacy, but was unsuccessful. He then sought judgment in the European Court of Human Rights. The applicant submitted evidence that he suffered from deep depression and loneliness upon realizing any overt expression of his sexuality would expose him to prosecution. The applicant had never faced prosecution, but nevertheless remained legally at risk of criminal liability. The ECtHR held that the relevant provisions of the 1861 Act violated Article 8 of the Convention, which guaranteed the right to respect for private and family life. The ECtHR had previously held that social legislation must be necessary in a democratic society and proportionate to the pursuit of a legitimate aim. In this regard, Ireland failed to produce evidence showing why the relevant provisions should remain in force. The impugned legislation imposed harms upon certain people that far outweighed any potential social benefit. Following the ECtHR’s decision, the provisions in question were repealed by the Criminal Law (Sexual Offences) Act 1993.

Year 

1988

Avon Center work product