Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights
Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights
- Thomas E. WebbThomas E. WebbLecturer in Law, Lancaster University
Abstract
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights. This case examined the now-defunct provisions against gay people serving in the British military, and how using either unreasonableness or proportionality produced different outcomes. It also considers the contribution which a rights-based approach to legal questions, drawing on proportionality, can make to the development of law and policy. The document also includes supporting commentary from author Thomas Webb.
