CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 12 juin 1979

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the "Convention");   Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged by X against the United Kingdom (No. 7215/75);   Whereas on 22 November 1978 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights, in pursuance of Article 48 (art. 48) of the Convention;   Whereas in his application submitted on 8 August 1975, the applicant complained of an unjustifiable interference with his right to respect for private life by being prosecuted and sentenced to imprisonment for private sexual behaviour, alleging a violation of Article 8, paragraph 1 (art. 8-1), of the Convention, that male homosexuals are discriminated against, since the age of consent for private acts between male homosexuals is 21 years of age while heterosexual relationships are permitted at the age of 16, alleging a violation of Article 14 in conjunction with Article 8, paragraph 1 (art. 14+8-1), of the Convention and of the denial of his right to express his feelings of love to other men while in prison, alleging a violation of Article 10, paragraph 1 (art. 10-1), of the Convention;   Whereas the Commission declared the application admissible on 5 October 1977 and, in its report adopted on 12 October 1978, examined, insofar as Article 8 (art. 8) of the Convention is concerned, first whether the application of the law relating to the sexual behaviour of the applicant constitutes an unwarranted infringement of his right to respect for private life and second whether the law which fixes the "age of consent" for homosexual relations at the age of 21 constitutes an unjustified interference with his right to respect for private life;   Whereas in its report, the Commission concluded that there had been no violation of Article 8, paragraph 1 (art. 8-1), by 9 votes to 2 with 1 abstention that the difference in the "age of consent" for homosexual and heterosexual relations does not constitute discrimination and by 11 votes with 1 abstention that a similar difference in the legal provisions governing male and female homosexual behaviour does not constitute discrimination contrary to Article 14 (art. 14) of the Convention and, by a unanimous vote, that the applicant's rights under Article 10, paragraph 1 (art. 10-1), of the Convention had not been violated;   Whereas the Committee of Ministers had been informed that throughout the proceedings before the Commission, the applicant had requested that his identity should not be revealed in any report or decision made in this case;   Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the Convention;   Voting in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention,   Decides that in this case there has been no violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.