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178 Values and Civil and Political Liberties involving risks of infection. Companies are commercially justified in adopting a restrictive approach to cover, because issuing policies to persons with life-styles which put them at risk would place a burden on all other insured persons. Nonetheless, public awareness of companies' attitudes now means that persons who are potentially HIV positive are reluctant to take tests lest it affect their ability to obtain life cover, especially as the raising of mortgage finance for house purchase is often, although not always, dependent upon taking out life insurance. Conversely, to protect themselves from undue liabilities, insurance companies require an individual applying for a large life policy to take an HIV test. If the United Kingdom's policy of voluntary testing for Aids/HIV is not to be undermined, with persons reluctant to take tests, it is prudent to establish a state scheme offering life insurance at reasonable rates to persons who voluntarily undergo a test, prove negative and are declined cover. Of course, insurance is only for unknown risks and there can be no new life cover for persons who already are HIV positive. Fortunately, because the National Health Service is not insurancebased, such persons are at no time discriminated against in the matter of health care—as they would be under a private health insurance system of the kind which operates in many countries abroad and has required legislative intervention. Difficult questions of weighing competing interests arise out of dismissal from employment of homosexuals and lesbians who work in proximity to children and young persons. The same issues arise in relation to parental rights and the welfare of children in custody proceedings where a parent is not a heterosexual, although some prejudice in this field may be dispersed by a recent judgment by Mrs. Justice Booth: she granted care and control to a lesbian mother, considering this
An Evaluation of Governments' Records 179 factor in the overall context of the paramountcy of the child's welfare. 48 Similar issues have been canvassed following attempts by non-heterosexuals to adopt or foster children. Again, negative views of non-heterosexuals, even when they set up stable relationships, motivated enactment of Section 28 of the Local Government Act 1988, which prohibits local authorities from intentionally promoting homosexuality, inter alia, by publishing materials or by teaching that homosexuality is acceptable as a family relationship. Negative views of male homosexuality also support the continuance of limitations on the legality of sex between men, in particular the different age of consent (21), whereas 16 is the age of consent for heterosexuals. In all such cases competing interests are considered to be involved, with the majority of the general public believing that nonheterosexuals will proselytise their life-style among young persons and children, who should only be permitted to choose such a life-style or to consider it upon reaching a mature age. Here there are incommensurable standards founded upon deeply-seated beliefs and little empirical evidence either way. In such circumstances, public representatives and Governments tend to follow the general state of opinion in society. It is, nonetheless, parliamentarians' duty as a matter of conscience, just as it has been in relation to possible reintroduction of hanging, to keep such matters under review, looking at them sensitively and in the light of increasing scientific knowledge. As soon as is appropriate, any discrimination on grounds of sexual orientation requires removal on the basis that the right to pursuit of happiness and free development of the personality should be exercisable, provided that harm will not be occasioned to others. Until such knowledge is available, it is not unreasonable to consider whether past conduct or attitudes indicate that a person dealing with
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THE AMLY LECTURES Forty-second seri
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THE HAMLYN LECTURES FORTY-SECOND SE
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THE UNITED KINGDOM AND HUMAN RIGHTS
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CONTENTS The Hamlyn Lectures vii Th
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viii The Hamlyn Lectures 1959 Judge
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x The Hamlyn Lectures 1985 Law and
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xii The Hamlyn Trust London, Leeds,
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xiv The Hamlyn Legacy Torquay. Will
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xvi The Hamlyn Legacy grandfather.
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xviii The Hamlyn Legacy realising a
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xx The Hamlyn Legacy and imaginativ
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2 The United Kingdom and Human Righ
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10 The United Kingdom and Human Rig
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2. Human Rights, Values, Choice and
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52 Human Rights, Values and Choice
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3. Constitutions, Values and Civil
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108 Values and Civil and Political
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228 People and Education for Human
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234 Education—cont. National Curr
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236 Relativism—cont. descriptive,
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Protection of the Public— A New C
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