Lustig-Prean and Beckett v. United Kingdom

"Lustig-Prean v United Kingdom" (2001) 31 EHRR 23

Facts

Mr Lustig-Prean was gay, and was dismissed from the Royal Navy. He alleged this violated his right to privacy under Article 8 ECHR in connection with Article 14 ECHR.

Born of an aristocratic family of Field Marshalls and Generals, Duncan Lustig-Prean had a "glittering career" in the Royal Navy. Declining the gift of the "silver spoon", he joined as an Able Seaman (Radio Operator) and worked his way through the ranks gaining much admiration and respect from those who served with him. By 1994 he had become a senior officer on his own merit. Throughout his long service in the navy and at sea he gained numerous commendations and was regarded as an "outstanding commander destined for the highest ranks", indeed the Ministry of Defense stated that "he was to become the youngest Admiral since Nelson". He wrote the initial proposals allowing women full career opportunities in the military and he investigated racial discrimination in the forces. He was an outstanding front line commander.In 1994 he was appointed as Military Attache to the Prime Minister but following his principled rejection of a blackmail attempt he was dismissed for being gay. He led the successful campaign in Europe to allow homosexuals to serve in the Armed Forces from 1995-2000 and was one of the four test cases at the European Court of Human Rights. The impact of his success resulted in a transformation of homosexual rights throughout the UK and Europe and led to major legal changes and advances. Historians credit his work as directly leading to wider equality.He was a founder member and Chair of the Equality Alliance an umbrella organization empowering and bringing together diverse groups to coordinate effort and provide mutual campaign support and advice.He also was a founder member of the Metropolitan Police Racial and Violent Crime Task Force Advisory Panel which led the way in transforming policing of those issues.Noted as "a dynamic, inspirational yet conciliatory leader", he returned to naval service after the "gays in the military case" and ended his seagoing career as Commodore (later being made Rear Admiral) of Salvage and Sea Rescue Services and other "specialist operations".His varied civilian career demonstrates his "principled commitment to people and human rights" having played very senior roles in Liberty and Bindman and Partners. He is credited with "restoring industry confidence in regulation" while Deputy Director General of the Advertising Standards Authority while also "restoring the confidence of consumer groups", a seemingly impossible combination.Lustig-Prean's politics remain an enigma. A vocal and active supporter of the rights of working people, he is a business owner. He was known to be an opponent of the invasion of Iraq yet he is a strong supporter of the USA. He has never disclosed his personal politics.He is regarded as an exceptional and gifted speaker and communicator.Although since 2000, other than his naval career, he has adopted a quiet public profile, it is known that he has been privately very active assisting and guiding numerous organizations involved with human rights, civil liberties, race relations and workers' rights as well as assisting and representing individuals.His wide interests include opera, music and theater.He is also a noted author and correspondent and has written widely and variedly from children's stories, opera libretto to historical articles.Along with numerous military awards, he is an honorary life member of Rank Outsiders and also holds the Mike Rhodes award for his contribution to gay rights and also the Stonewall Equality Award. He is a holder of the Prix de Nantes for his work in Human Rights

Judgment

The European Court of Human Rights held that Mr Lustig Prean was unjustly treated, and he won his case.

ee also

*UK employment discrimination law
*UK labour law
*Human Rights Act 1998

Notes

External links

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