Contact, welfare and the right to (gay) family life

Research output: Contribution to journalArticle

Abstract

It sometimes happens that in a single year a series of law reform events, legislative and judicial, transforms the landscape of a particular area of law. In relation to the legal position of lesbians and gay men, 1999 was such a year. The House of Lords in Fitzpatrick v Sterling Housing Association [1999] 4 All ER 705 held that a same-sex couple could be considered a “family” for certain statutory purposes; the European Court of Human Rights accepted for the first time that discrimination on that basis was contrary to art 14 of the European Convention on Human Rights (Salgueiro da Silva Mouta v Portugal (1999) 31 EHRR 47 (p 1055)), and also that the UK's policy of dismissing gay men and lesbians from the armed forces was contrary to art 8 (Lustig-Prean and Beckett v United Kingdom (1999) 29 EHRR 548); and constitutional courts across the (western) world handed down judgments striking down a variety of legislative provisions that treated same-sex couples less favourably than opposite-sex couples.
LanguageEnglish
Pages23-27
Number of pages5
JournalScots Law Times
Volume3
Publication statusPublished - 2003

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welfare
contact
art
legal position
ECHR
law reform
constitutional court
Western world
Portugal
military
human rights
discrimination
housing
Law
event

Keywords

  • scots law
  • homosexuality
  • equality
  • gay men
  • lesbians

Cite this

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title = "Contact, welfare and the right to (gay) family life",
abstract = "It sometimes happens that in a single year a series of law reform events, legislative and judicial, transforms the landscape of a particular area of law. In relation to the legal position of lesbians and gay men, 1999 was such a year. The House of Lords in Fitzpatrick v Sterling Housing Association [1999] 4 All ER 705 held that a same-sex couple could be considered a “family” for certain statutory purposes; the European Court of Human Rights accepted for the first time that discrimination on that basis was contrary to art 14 of the European Convention on Human Rights (Salgueiro da Silva Mouta v Portugal (1999) 31 EHRR 47 (p 1055)), and also that the UK's policy of dismissing gay men and lesbians from the armed forces was contrary to art 8 (Lustig-Prean and Beckett v United Kingdom (1999) 29 EHRR 548); and constitutional courts across the (western) world handed down judgments striking down a variety of legislative provisions that treated same-sex couples less favourably than opposite-sex couples.",
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author = "Kenneth Norrie",
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}

Contact, welfare and the right to (gay) family life. / Norrie, Kenneth.

In: Scots Law Times, Vol. 3, 2003, p. 23-27.

Research output: Contribution to journalArticle

TY - JOUR

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AU - Norrie, Kenneth

PY - 2003

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AB - It sometimes happens that in a single year a series of law reform events, legislative and judicial, transforms the landscape of a particular area of law. In relation to the legal position of lesbians and gay men, 1999 was such a year. The House of Lords in Fitzpatrick v Sterling Housing Association [1999] 4 All ER 705 held that a same-sex couple could be considered a “family” for certain statutory purposes; the European Court of Human Rights accepted for the first time that discrimination on that basis was contrary to art 14 of the European Convention on Human Rights (Salgueiro da Silva Mouta v Portugal (1999) 31 EHRR 47 (p 1055)), and also that the UK's policy of dismissing gay men and lesbians from the armed forces was contrary to art 8 (Lustig-Prean and Beckett v United Kingdom (1999) 29 EHRR 548); and constitutional courts across the (western) world handed down judgments striking down a variety of legislative provisions that treated same-sex couples less favourably than opposite-sex couples.

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KW - equality

KW - gay men

KW - lesbians

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