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Smith and Grady v United Kingdom : ウィキペディア英語版 | Smith and Grady v United Kingdom
Smith and Grady v UK (1999) 29 EHRR 493 was a notable decision of the European Court of Human Rights that unanimously found that the investigation into and subsequent discharge of personnel from the Royal Navy on the basis they were homosexual was a breach of their right to a private life under Article 8 of the European Convention on Human Rights. The decision, which caused widespread controversy at the time led the UK to adopt a revised sexual-orientation-free Armed Forces Code of Social Conduct in January 2000.〔(Armed Forces Code of Social Conduct ), retrieved 28 December 2009.〕 In UK law the decision is notable because the applicants' case had previously been dismissed in both the High Court and Court of Appeal, who had found that the authorities' actions had not violated the principles of legality including Wednesbury unreasonableness, thus highlighting the difference in approach of the European Court of Human Rights and the domestic courts. ==Facts== Smith had been a member of the Royal Air Force since 1989. In June 1994 a woman telephoned the air force alleging that Smith was a lesbian and had been sexually harassing the caller. Smith was questioned by the service police and admitted that she was gay and that she had a same-sex relationship while in the RAF. The service police asked her intimate questions on the details of her sexual life, asking for the names of previous partners, her HIV status and other details. A few months later Smith was given an administrative discharge from the Royal Air Force. Grady had been a member of the Armed forces since 1980 but was discharged following disclosures of a nanny working for the British Defence Liaison Service. The applicants sought to challenge their discharges first through a domestic judicial review, and when this was unsuccessful they launched an application to the European Court of Human Rights.
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