Date: Wed, 8 Mar 1995 12:59:33 +0000 (GMT) From: Andrea Subject: Gays and the criminal law in England and Wales I have finished a paper about the discimination against gays in the English Criminal Law. A major part of it deals with the European Convention on Human Rights, so it might be interesting for non-UK people too. If anyone is interested, please let me know and I can either send it down the line or arrange to send a copy via snail mail against the photocopying costs. Here is the contents page to give you an idea what it is all about. Chapter I Introduction Chapter II The Legal Situation in England and Wales A THE SUBSTANTIVE LAW 1 Sexual Intercourse 2 Sexual Assault 3 Making Contact: 'Cruising' 4 Public Affection 5 Sexual Contact Not 'In Private': 'Cottaging' etc 6 Other B THE LAW IN ACTION 1 Sentencing Practice 2 Police Practice 3 The Judiciary Chapter III The Human Rights Aspect A THE STRASBOURG SYSTEM B THE TOTAL BAN ON SAME-SEX SEX: THE DEVELOPMENT OF THE STRASBOURG CASE LAW 1 The Right To The Respect For Private Life Under Article 8 2 The Case Law C THE EXTENSION OF THE ARGUMENT: THE AGE OF CONSENT QUESTION UNDER ARTICLE 14 1 Non-Discrimination Under The European Convention on Human Rights: Article 14 2 The Court's Case Law 3 Age Of Consent Cases Before The Strasbourg Organs 4 Helfer's Argument 5 Some Additional Points (a) Article 8 (b) Article 18 (c) Article 14: Discrimination on grounds of gender D OTHER AREAS OF DISCRIMINATION 1 The Issues At Stake 2 General 3 The Way To Be Pursued (a) Article 8 (b) Article 14 (c) Proportionality Chapter IV Concluding Observations --- Andrea ****************************************************************************** Andrea Woelke, St Cuthbert's Society, Durham d.a.woelke@durham.ac.uk ******************************************************************************