
Contents
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I Introduction I Introduction
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II Convention Cases Dealing with Sexual Orientation Discrimination II Convention Cases Dealing with Sexual Orientation Discrimination
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III Use of Fundamental Choice Arguments III Use of Fundamental Choice Arguments
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A. Article 8 A. Article 8
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1 Private Life 1 Private Life
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(a) Scope of ‘Private Life’ (a) Scope of ‘Private Life’
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(b) ‘Interference’ with Private Life (b) ‘Interference’ with Private Life
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(c) ‘Justification’ for the Interference (c) ‘Justification’ for the Interference
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2 Family Life 2 Family Life
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B Article 12 B Article 12
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C. Other Articles of the Convention and Protocols C. Other Articles of the Convention and Protocols
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1 Article 9 1 Article 9
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2 Articles 10 and 11 2 Articles 10 and 11
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3. Article 3 3. Article 3
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4 The European Convention on Human Rights: Fundamental Choice Arguments
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Published:July 1993
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Abstract
Turning from the United States constitution to the European Convention on Human Rights, one is immediately confronted by the striking differences between the texts of the two instruments. These differences present both a major advantage and a major disadvantage for gays, lesbians, or bisexuals seeking to argue that a particular instance of sexual orientation discrimination violates the Convention. The advantage is the clear textual basis for ‘right of privacy’ arguments in the express guarantees of the ‘right to respect for... private and family life’ in Article 8, and the ‘right to marry and to found a family’ in Article 12. This chapter begins with a brief overview of the cases in which the European Court of Human Rights (the ‘Court’) and the European Commission of Human Rights (the ‘Commission’) have addressed issues of sexual orientation discrimination. It then considers the ways in which applicants under the Convention have used fundamental choice arguments, relying on Article 8 and other Articles.
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