East African Asians v. United Kingdom (3 E.H.R.R. 76) 15 December 1973

Summary: Husbands of UK citizens already resident in the United Kingdom were denied entry pursuant to Commonwealth Immigrants Act of 1962 as amended by the Commonwealth Immigrants Act of 1968 and the Immigration Appeals Act of 1969.  The Act subjected to immigration control citizens of the United Kingdom and colonies of East Africa who were of Asian origin.  The Act exempted from immigration the wives of Commonwealth citizen resident in the United Kingdom, but did not provide a similar exemption for husbands.

Racial Discrimination, Degrading Treatment (Article 3)

Publicly to single out a group of persons for differential treatment on the basis of race may constitute a special form of affront to human dignity and might therefore be capable of constituting degrading treatment contrary to Article 3.

Violation of Rights, Security of Person (Art. 5(1)). No Independent Right to Security by Reference to Discrimination (Art. 14)

In Article 5(1), the term 'security' in the expression 'liberty, and security of person' should be understood in the context of liberty; and the right to security of person is concerned with protection from arbitrary interference by a public authority with an individual's personal liberty.  The right is guaranteed in absolute terms and there can be no 'independent' violation of Article 14 in combination with this right.

Immigration control. Discrimination Constituting Interferences With Family Life (Arts. 8 & 14)

The refusal of admission to Britain of the husbands of Commonwealth citizens already resident in the United Kingdom (under legislation in force at the material time), in circumstances in which the wives of such citizens would have been admitted, constituted interference with family life contrary to Article 8 and further constituted discrimination contrary to Article 14 in conjunction with Article 8.