Tokens: In
the
majority
judgment
to
which
I
was
a
party
,
the
Chamber
found
that
the
Policy
of
the
Secretary
of
State
,
as
set
out
in
the
letter
of
28
May
2003
,
as
well
as
its
application
in
the
present
case
in
refusing
the
grant
of
artificial
insemination
facilities
not
only
served
a
legitimate
aim
but
struck
a
fair
balance
between
the
rival
interests
.
The
focus
of
the
Grand
Chamber
has
been
primarily
on
the
compatibility
with
Article
8
of
the
Policy
itself
.
The
Chamber
’s
conclusion
that
the
Policy
was
compatible
was
founded
principally
on
the
fact
that
it
did
not
operate
as
a
blanket
ban
on
the
grant
of
artificial
insemination
facilities
but
allowed
consideration
of
the
circumstances
of
each
application
for
such
facilities
according
to
criteria
which
were
found
to
be
neither
arbitrary
nor
unreasonable
.
In
this
respect
the
case
differed
from
that
of
Hirst
v.
the
United
Kingdom
(
no
.
2
)
(
[
GC
]
,
no
.
74025/01
,
ECHR
2005
-
IX
)
,
which
concerned
a
general
exclusion
of
serving
prisoners
from
the
right
to
vote
.
That
such
individual
assessment
was
not
merely
theoretical
or
illusory
was
found
by
the
Chamber
to
be
confirmed
by
the
fact
that
access
to
facilities
had
in
fact
been
granted
in
certain
cases
.
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