Arrowsmith v. The United Kingdom
Publisher | Council of Europe: European Commission on Human Rights |
Publication Date | 5 December 1978 |
Citation / Document Symbol | 7050/75 |
Cite as | Arrowsmith v. The United Kingdom, 7050/75, Council of Europe: European Commission on Human Rights, 5 December 1978, available at: https://www.refworld.org/cases,COECOMMHR,402902d04.html [accessed 3 June 2023] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Committee of Ministers, under the terms of Article 32 (art. 32) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as the "Convention");
Having regard to the report drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the Convention
relating to the application lodged by Miss Pat Arrowsmith against the
United Kingdom (No. 7050/75);
Whereas on
to the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the Convention
has elapsed without the case having been brought before the European
Court of Human Rights, in pursuance of Article 48 (art. 48) of the
Convention;
Whereas in her application introduced on
complained that her conviction and sentence under Sections 1 and 2 of
the Incitement to Disaffection Act 1934 interfered with her right to
liberty contrary to Article 5 (art. 5) of the Convention, her right to
manifest her pacifist beliefs contrary to Article 9 (art. 9), her
right to freedom of expression contrary to Article 10 (art. 10), and
that the 1934 Act discriminated against persons holding pacifist
opinions, contrary to Article 14 read in conjunction with Articles 9
and 10 (art. 14+9, art. 14+10) of the Convention;
Whereas the Commission, after having declared the application
admissible on 16 May 1977, expressed in its report, adopted on 12
October 1978, unanimously the opinion that Articles 5 and 9 (art. 5,
art. 9) of the Convention had not been violated, by 11 votes to 1 that
the restriction imposed on the applicant's right to freedom of
expression was justified under Article 10, paragraph 2 (art. 10-2), of
the Convention and by 11 votes with 1 abstention that the case did not
disclose a breach of Article 14 in conjunction with either Article 9
or 10 (art. 14+9, art. 14+10) of the Convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention,
Decides that in this case there was no violation of the Convention for
the Protection of Human Rights and Fundamental Freedoms.