england-and-wales human-rights mental-health sexual-offences
The relevance of Article 8 in consent to a sexual act for mentally ill people in UK?
<p>I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as separate question.</p>
<p>The supreme court hearing is: <a href="https://www.supremecourt.uk/watch/uksc-2020-0133/150621-am.html" rel="nofollow noreferrer">https://www.supremecourt.uk/watch/uksc-2020-0133/150621-am.html</a></p>
<p>My question is that at approximately 24min, <a href="https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7?timeline=false" rel="nofollow noreferrer">Article 8</a> is discussed. As I have read, Article 8 is about the right to live a private life. I don't see the connection of Article 8 and consent of 2 people in a sexual act.</p>

<p>I cannot view the video on my device but...</p>
<p>Causing, inciting or engaging etc in sexual activity with a person who has a mental disorder that impedes their choice - and therefore lacks the ability to give free and unfettered  consent - are offences under <a href="https://www.legislation.gov.uk/ukpga/2003/42/part/1/crossheading/offences-against-persons-with-a-mental-disorder-impeding-choice?timeline=false" rel="nofollow noreferrer">s.30 to s.33 of the Sexual Offences Act 2003</a>.</p>
<p>However, this has to be balanced against their Article 8 rights for respect for their private and family life, especially if they are in a long term and loving relationship. This balance may inform the police, prosecutors and courts as to whether any prosection for any of these offences would be in the public interest or not.</p>

<p>I'm not sure where your confusion comes from. Private life in normal usage includes sex life.</p>
<p><a href="https://www.echr.coe.int/documents/guide_art_8_eng.pdf" rel="nofollow noreferrer"> 151 The  Court  has  held  that  elements  such  as  gender  identification,  name  and  sexual  orientation
and sexual life are important elements of the personal sphere protected by Article 8</a></p>
<p>Prohibiting unsupervised contact with women no doubt infringes on that right. The question is whether that limitation is necessary and proportionate.</p>
