Homosexual Offences (Northern Ireland) Order 1982
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The Homosexual Offences (Northern Ireland) Order 1982, No. 1536 (N.I. 19), is an
Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
which decriminalized homosexual acts between consenting adults in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
. The Order was adopted as a result of a
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
case, ''
Dudgeon v. United Kingdom ''Dudgeon v the United Kingdom'' (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885 which criminalised male homosexual acts in England, Wales and Northern Ireland violate ...
'' (1981), which ruled that Northern Ireland's criminalisation of homosexual acts between consenting adults was a violation of
Article 8 Article 8 of the European Convention on Human Rights provides a right to respect for one's "privacy, private and family life, his home and his privacy of correspondence, correspondence", subject to certain restrictions that are "in accordance with l ...
of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. The homosexual
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
fixed by the Order (21) was higher than the heterosexual age of consent in the rest of the United Kingdom, which had been set at 16 for decades, and also higher than the heterosexual age of consent in Northern Ireland, which had been set at 17 for decades, but was equal to the homosexual age of consent in England, which was also 21 at this time. The ages of consent for homosexual and heterosexual acts in Northern Ireland were eventually equalised at 17 by the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
with the passage of the
Sexual Offences (Amendment) Act 2000 The Sexual Offences (Amendment) Act 2000 (c.44) is an Act of Parliament, Act of the Parliament of the United Kingdom. It changed the age of consent for male homosexual sexual activities (including anal sex) from 18 (or for some activities, 21) ...
. To bring Northern Ireland in line with the rest of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, the
Sexual Offences (Northern Ireland) Order 2008 The Sexual Offences (Northern Ireland) Order 2008 provides a legislative framework for sexual offences in Northern Ireland. The corresponding legislation in England and Wales and in Scotland are the Sexual Offences Act 2003 and the Sexual Offence ...
reduced the age of consent to 16.


See also

*
LGBT rights in Northern Ireland Lesbian, gay, bisexual, transgender (LGBT) rights in Northern Ireland have traditionally been slower to advance than the rest of the United Kingdom, with the region having lagged behind England, Scotland, and Wales. Northern Ireland was the las ...
*
Sexual Offences Act 1967 The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom (citation 1967 c. 60). It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained th ...
, the Act which decriminalized male homosexual acts in England and Wales. *
Criminal Justice (Scotland) Act 1980 The Criminal Justice (Scotland) Act 1980 is an Act of Parliament in the United Kingdom (citation 1980 c.62). It decriminalized private homosexual acts between two consenting adults in Scotland when it came into effect on 1 February 1981. "Subjec ...
, the Act which decriminalized male homosexual acts in Scotland.


References


External links

* *< Laws of Northern Ireland LGBT in Northern Ireland LGBT law in the United Kingdom 1982 in LGBT history 1982 in Northern Ireland 1982 in British law LGBT rights in Northern Ireland Orders in Council {{UK-law-stub