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Regina v. Ministry of Defence, ex parte Smith and Others

United Kingdom, England.  07 June 1995 ; 03 November 1995 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Privacy — Right to respect for private life — Sexual privacy — Discrimination — Administrative discharge of applicants from armed forces on ground of homosexual orientation — Government policy banning homosexuals from serving in armed forces — Exercise of prerogative power — Defence of the realm — Applicants challenging legality of discharges — Whether challenge justiciable — Whether policy irrational — Public interest of effective fighting force — Grave assault on human rights — Balance of interests — Whether decision of Minister outrageously defying logic or accepted moral standards — Whether policy lawful

Relationship of international law and municipal law — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Article 8 — Right to respect for private and family life — Whether Convention part of domestic law of England — Whether applicable — Equal Treatment Directive — Direct effect under European Community law — Distinction between gender and sex discrimination — Whether applicable — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1999

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