Euan Sutherland
Encyclopedia
Euan Sutherland is an openly
gay
activist who, with Chris Morris
, successfully challenged the British Government in the European Court of Human Rights
and secured an equal age of consent
for gay men.
When male homosexuality
was decriminalised in Britain in 1967, the age of consent was set at 21. It was lowered to 18 in 1994, but Sutherland and Morris took their case to Europe to demand it be reduced further to 16, the same age as it is for heterosexuals. They invoked Articles 8 and 14 of the European Convention on Human Rights
, which guarantee the right to a private life and protection from discrimination.
Opposition to the campaign was led by Conservative
peer
Baroness Young and the then Archbishop of Canterbury
, George Carey
, among others.
In July 1997, the European Commission of Human Rights
found that the existence of different ages of consent was discriminatory and that no valid grounds existed to justify that discrimination. They therefore found that the age of consent for homosexual acts should be lowered to 16. In arriving at their conclusion, the commission cited their reasoning in the previous cases, Dudgeon v. United Kingdom
and Norris v. Ireland
.
In response to the commission's findings, the then Home Secretary
Jack Straw
agreed with Morris and Sutherland that a Bill would be proposed to Parliament in the summer of 1998 to reduce the age of consent for homosexual acts to 16. The Commission approved their 'friendly settlement'.
After two defeats in the House of Lords
, the law was eventually changed as part of the Sexual Offences (Amendment) Act 2000
, after the use of the Parliament Acts 1911 and 1949
, in November 2000.
Coming out
Coming out is a figure of speech for lesbian, gay, bisexual, and transgender people's disclosure of their sexual orientation and/or gender identity....
gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
activist who, with Chris Morris
Chris Morris (activist)
Chris Morris is an activist who, with Euan Sutherland, successfully challenged the British Government in the European Court of Human Rights and secured an equal age of consent for sexual activity between males...
, successfully challenged the British Government in the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
and secured an equal age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for gay men.
When male homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
was decriminalised in Britain in 1967, the age of consent was set at 21. It was lowered to 18 in 1994, but Sutherland and Morris took their case to Europe to demand it be reduced further to 16, the same age as it is for heterosexuals. They invoked Articles 8 and 14 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, which guarantee the right to a private life and protection from discrimination.
Opposition to the campaign was led by Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
peer
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
Baroness Young and the then Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
, George Carey
George Carey
George Leonard Carey, Baron Carey of Clifton PC, FKC is a former Archbishop of Canterbury, holding the office from 1991 to 2002. He was the first modern holder of the office not to have attended Oxford or Cambridge University...
, among others.
In July 1997, the European Commission of Human Rights
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
found that the existence of different ages of consent was discriminatory and that no valid grounds existed to justify that discrimination. They therefore found that the age of consent for homosexual acts should be lowered to 16. In arriving at their conclusion, the commission cited their reasoning in the previous cases, Dudgeon v. United Kingdom
Dudgeon v. United Kingdom
Dudgeon v the United Kingdom was a European Court of Human Rights case, which held that legislation passed in the nineteenth century to criminalise male homosexual acts in England, Wales and Ireland - in 1980, still in force in Northern Ireland - violated the European Convention on Human Rights...
and Norris v. Ireland
Norris v. Ireland
Norris v. Ireland was a 1988 case decided by the European Court of Human Rights. The case was brought against the Republic of Ireland by Senator David Norris, and his Senior Counsel was fellow member of the Campaign for Homosexual Law Reform, Mary Robinson, who later became the first female...
.
In response to the commission's findings, the then Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Jack Straw
Jack Straw (politician)
John Whitaker Straw is a British Labour Party politician who has been the Member of Parliament for Blackburn since 1979. He served as Home Secretary from 1997 to 2001, Foreign Secretary from 2001 to 2006 and Lord Privy Seal and Leader of the House of Commons from 2006 to 2007 under Tony Blair...
agreed with Morris and Sutherland that a Bill would be proposed to Parliament in the summer of 1998 to reduce the age of consent for homosexual acts to 16. The Commission approved their 'friendly settlement'.
After two defeats in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, the law was eventually changed as part of the Sexual Offences (Amendment) Act 2000
Sexual Offences (Amendment) Act 2000
The Sexual Offences Act 2000 is an Act of the Parliament of the United Kingdom. It changed the age of consent for male homosexual sexual activities from 18 to that for heterosexual and lesbian sexual activities at 16, or 17 in Northern Ireland...
, after the use of the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
, in November 2000.