16 judgments found.

Muhamad Juzaili Bin Mohd Khamis, et al. v. State Government of Negeri Sembilan, et al.

Country: Malaysia
Year: 2015
Court: Court of Appeal
Citation: Civil Appeal No. 01-498-11/2012
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence, Right to liberty and security of person, Right to life, Right to work
Facts:

Section 66 of the Syariah Criminal Enactment of 1992 made it an offence for Muslim males to wear women’s attire or to pose as a woman in a public place. Conviction resulted in a fine or imprisonment not exceeding six months or both. The Appellants were Muslim men with Gender Identity Disorder (GID) who expressed …Read more

Tags: Gender identity, Gender identity disorder, Gender reassignment, Homosexual, LGBTI, Queer, Sexual orientation, Transgender, Transsexual
Download Judgment: English

The Queen (on the application of JK) v. Registrar General for England and Wales

Country: United Kingdom
Year: 2015
Court: High Court of Justice, Queen’s Bench Division
Citation: [2015] EWHC 990 (Admin)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The Claimant was a male-to-female transgendered woman who challenged the requirement that she was recorded as the father on her children’s birth certificates. Following the birth of her daughter, but before the birth of her son, the Claimant decided to live as a man and changed her name to a female name. The Claimant was …Read more

Tags: Gender identity, Gender reassignment, Homosexual, LGBTI, Queer, Sex reassignment, Sexual orientation, Tags: Gay, Transgender
Download Judgment: English

National Legal Services Authority v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: [(2014) 5 SCC 438]
Health Topics: Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to life, Right to privacy
Facts:

Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more

Tags: Access to health care, AIDS, Gender identity, Gender reassignment, HIV, HIV positive, Intersex, LGBTI, Most-at-risk, Queer, Sex reassignment, Sexual assault, Sexual orientation, Sexual violence, Transgender, Transsexual
Download Judgment: English

NSW Registrar of Births, Deaths and Marriages v. Norrie

Country: Australia
Year: 2014
Court: High Court
Citation: [2014] HCA 11
Health Topics: Sexual and reproductive health
Facts:

The Births, Deaths and Marriages Registration Act 1995 (the “Act”) empowered the Registrar to register a change of sex of a person upon that person’s request. Norrie applied to the Registrar to record her sex as non-specific as she had undergone a sex affirmation procedure but her gender ambiguity remained unresolved. Norrie did not identify …Read more

Tags: Gender identity, Gender identity disorder, Gender reassignment, LGBTI, Sex reassignment, Transgender, Transsexual
Download Judgment: English

Suresh Kumar Koushal and another v. Naz Foundation and others

Country: India
Year: 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
Facts:

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

Tags: AIDS, Bisexual, Buggery, Criminalization, Gay, Gender identity, HIV, Homosexual, Law enforcement, Lesbian, LGBTI, Sexual orientation, Sodomy, Transgender
Download Judgment: English

H v. Finland

Country: Finland
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics: Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more

Tags: Civil union, Confidentiality, Disclosure, Domestic partnership, Gender identity, Gender reassignment, Non-disclosure, Notification, Spousal consent, Transgender
Download Judgment: English

R.M. v Attorney General, et al.

Country: Kenya
Year: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Gender identity, Health care professionals, Health care workers, Humiliating treatment, Imprisonment, Inhuman treatment, Intersex, LGBTI, Low income, Molestation, Poor, Sexual harassment, Solitary confinement, Torture
Download Judgment: English

Naz Foundation v. Government of NCT of Delhi, et al.

Country: India
Year: 2009
Court: High Court - Delhi
Citation: (2009) DLT 27
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. 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 …Read more

Tags: Condoms, Criminalization, Gay, Gender identity, Homosexual, Injecting drug users, Lesbian, LGBTI, Queer, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

L. v. Lithuania

Country: Lithuania
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 27527/03, 46 Eur. H.R. Rep. 22 (2008).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The applicant was registered as female at birth in 1978 but regarded himself as a male from an early age. In 1997 he sought medical advice and was diagnosed as transgendered. Lithuania adopted Article 2.27 § 2 of the Civil Code, which provided that unmarried adults had the right to undergo medically endorsed gender reassignment …Read more

Tags: Access to health care, Access to treatment, Gender identity, Gender identity disorder, Gender reassignment, Health care technology, Health insurance, Health regulation, Hormone therapy, Out-of-pocket expenditures, Reimbursement, Secondary care, Tertiary care, Transgender, Transsexual
Download Judgment: English French Russian

Case of Van Kuck v. Germany

Country: Germany
Year: 2003
Court: The European Court of Human Rights
Citation: Applications no. 35968/97
Health Topics: Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The applicant instituted proceedings before the District Court to change her forename to Carola Brenda. The District Court held that the conditions under the Transsexuals Act were met and granted the request in 1991. In 1992, the applicant brought an action against a German health insurance company. She claimed reimbursement for hormone therapy and sex-reassignment …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Gender identity, Gender reassignment, Health funding, Health insurance, Hormone therapy, Pharmaceuticals, Reimbursement, Sex reassignment, Social security, Transgender, Transsexual
Download Judgment: English
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