misterploppy
8th Sep 2001, 22:42
RAF DCM at RAF Aldergrove; 14 Aug 2001.
The case concerned a charge of disobedience to standing orders which specified the offence as having a "member of the opposite sex" in single sex accommodation after 2359hrs.
After RAFPA notified that a Pre-Trial Hearing would be required on the discriminatory nature of the charge following Lustig-Prean -v- UK, the charge was dropped.
The standing order is of a standard format which has not been changed to reflect the fact that gays now serve; the order is worded to expressly approve homosexual and lesbian contact after 2359hrs, and expressly forbids heterosexual contact. It therefore appears to offend Articles 8 and 14 of the ECHR and is consequently contrary to the Human Rights Act 1998.
I believe this form of wording is still routinely used, and although this decision to discontinue carries no precedent it is a useful reminder to service personnel and practitioners.
Paraphrased from Aspals Legal Pages (http://www.aspals.com)
The case concerned a charge of disobedience to standing orders which specified the offence as having a "member of the opposite sex" in single sex accommodation after 2359hrs.
After RAFPA notified that a Pre-Trial Hearing would be required on the discriminatory nature of the charge following Lustig-Prean -v- UK, the charge was dropped.
The standing order is of a standard format which has not been changed to reflect the fact that gays now serve; the order is worded to expressly approve homosexual and lesbian contact after 2359hrs, and expressly forbids heterosexual contact. It therefore appears to offend Articles 8 and 14 of the ECHR and is consequently contrary to the Human Rights Act 1998.
I believe this form of wording is still routinely used, and although this decision to discontinue carries no precedent it is a useful reminder to service personnel and practitioners.
Paraphrased from Aspals Legal Pages (http://www.aspals.com)