Navtej Singh Johar & Ors. v. Union of India
Country: IndiaYear: 2018
Court: Supreme Court of India
Citation: Writ Petition (Criminal) No. 76 of 2016
Health Topics: Health care and health services, HIV/AIDS, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to family life, Right to health, Right to life, Right to privacy
Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more
Caleb Orozco v. Attorney General of Belize
Country: BelizeYear: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more
Obergefell v. Hodges
Country: United StatesYear: 2015
Court: Supreme Court
Citation: 576 U.S. ____ (2015); 135 S. Ct. 2584
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
The petitioners were same-sex couples from various U.S. states who challenged the constitutionality of bans on same-sex marriage in those states. They claimed that the bans violated the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution. The Due Process Clause protects individuals from the arbitrary denial of life, …Read more
Case of Angel Alberto Duque (Report on the merits)
Country: ColombiaYear: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 5/14
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to health, Right to life, Right to social security
Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more
Rhoades v. Iowa
Country: United StatesYear: 2014
Court: Supreme Court of Iowa
Citation: No. 12-0180
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more
Suresh Kumar Koushal and another v. Naz Foundation and others
Country: IndiaYear: 2013
Court: Supreme Court
Citation: Civil Appeal No. 10972 of 2013
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more
Tomlinson v. Belize and Trinidad & Tobago
Country: Belize, Trinidad and TobagoYear: 2013
Court: Caribbean Court of Justice
Citation: Tomlinson v. Belize and Trindad & Tobago, CCJ (2013); CCJ Application No. OA 2 of 2013
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of movement and residence
The petitioner was a homosexual man and an LGBT activist who had traveled to Belize and Trinidad and Tobago; he had never been denied entry into either state. When he learned that section 5 of the Belize Immigration Act and section 8 of the Trinidad and Tobago prohibited homosexuals, prostitutes, or any person who living …Read more
Tan Eng Hong v. Attorney-General
Country: SingaporeYear: 2012
Court: Court of Appeal
Citation: [2012] SGCA 45
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination
Tan and another man were arrested for engaging in oral sex in a public bathroom. They were charged under section 377A for the commission of an act of gross indecency with another male person. Tan’s attorney argued that section 377A was inconsistent with Article 9 of the Singapore Constitution. Soon after, the Prosecution amended the …Read more
Allpass v. Mooikloof Estates (Pty) Ltd.
Country: South AfricaYear: 2011
Court: Labour Court of South Africa
Citation: Case No. JS178/09; [2011] ZALCJHB 7; 2011 (2) SA 638 (LC); [2011] 5 BLLR 462 (LC); (2011) 32 ILJ 1637 (LC)
Health Topics: Chronic and noncommunicable diseases, Health information, HIV/AIDS, Medicines, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
The Applicant, Allpass, was hired as a stable yard manager and horse-riding instructor for the Respondent, Mooikloof Estates. He had 27 years of experience in horse riding, instructing and stable yard management. At the time of his hiring, the Applicant had been living with HIV for 17 years and was in a same-sex civil union. …Read more
Kozak v. Poland
Country: PolandYear: 2010
Court: European Court of Human Rights
Citation: App. No. 13102/02, Eur. Ct. H.R. (2010).
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to housing
A homosexual man claimed that his sexual orientation had been the single ground on which Polish courts had denied him the right to succeed to the tenancy of a flat in which he had lived with his partner. The applicant believed he had been refused the status of a person who had remained in actual …Read more