41 judgments found.

Living World Distributors Ltd. v. Human Rights Action Group Inc. (Wellington)

Country: New Zealand
Year: 2000
Court: Court of Appeal
Citation: [2001] 2 LRC 233
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more

Tags: AIDS, Bisexual, Gay, Gender identity, HIV, Homosexual, Lesbian, LGBTI, Queer, Sexual orientation, Transgender
Download Judgment: English

Salguiero Da Silva Mouta v. Portugal

Country: Portugal
Year: 2000
Court: European Court of Human Rights
Citation: Application no. 33290/96
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life
Facts:

S was a homosexual Portuguese national. In 1983 he married a woman, C, with whom he had a daughter. S and C subsequently separated and then divorced. Since their separation, S had been living with another man. In connection with their divorce, S and C signed an agreement giving C parental responsibility over the daughter …Read more

Tags: Child development, Gay, Homosexual, LGBTI, Queer, Sexual abuse, Sexual orientation
Download Judgment: English

BT v. Oei

Country: Australia
Year: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
Facts:

The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

Tags: AIDS, Awareness, Compensation, Condoms, Confidentiality, Contraceptives, Counseling, Damages, Depression, Diagnostics, Disclosure, Duty of care, Gay, Harm reduction, Health care professionals, Health care workers, Hepatitis, HIV, HIV positive, HIV status, Homosexual, Inadequate treatment, Inappropriate treatment, Injecting drug users, LGBTI, Most-at-risk, Negligence, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Queer, Remedies, Sex workers, Sexually transmitted diseases, Sexually transmitted infections, Spousal notification, Standard of care, STDs, STIs, Testing, Transmission
Download Judgment: English

Lustig-Prean and Beckett v. United Kingdom

Country: United Kingdom
Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more

Tags: Bullying, Confidentiality, Disclosure, Employment, Gay, HIV, HIV status, Homosexual, Humiliating treatment, LGBTI, Military, Most-at-risk, Queer, Secrecy, Sexual orientation
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R v. Secretary of State for the Home Department, ex parte Glen Fielding

Country: United Kingdom
Year: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more

Tags: AIDS, Bisexual, Contraception, Contraceptives, Custody, Gay, HIV, Homosexual, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, PLHIV, Queer, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

Smith and Grady v. United Kingdom

Country: United Kingdom
Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 33985/96 and 33986/96; (1999) 29 EHRR 493; [1999] ECHR 72; [1999] IRLR 734; (1999) 11 Admin LR 879
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy, Right to work
Facts:

The Applicants were both exemplary members of the Royal Air Force and had been discharged solely due to being homosexual. The first appellant was an enrolled nurse.  An anonymous female caller left a message on the applicant’s answering machine stating that she knew about the applicant’s homosexuality and afterwards informed the air force authorities. In a …Read more

Tags: Employment, Gay, Homosexual, Lesbian, LGBTI, Military, Sexual orientation
Download Judgment: English French

National Coalition for Gay and Lesbian Equality v. Minister of Justice

Country: South Africa
Year: 1998
Court: Constitutional Court
Citation: CCT 11/98
Health Topics: Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Applicants were the South African Human Rights Commission and a coalition of 70 organizations representing lesbian, gay, bisexual, and transgender people in South Africa. They brought a constitutional challenge to various statutory provisions in South Africa criminalizing homosexual acts. The Applicants claimed that the statutes in question violated sections 9, 10 and 14 of …Read more

Tags: Buggery, Gay, Homosexual, Lesbian, LGBTI, Rape, Sexual assault, Sexual orientation, Sexual violence, Sodomy
Download Judgment: English

Laskey, Jaggard, and Brown v. United Kingdom

Country: United Kingdom
Year: 1997
Court: European Court of Human Rights
Citation: Application No. 21627/93; 21628/93; 21974/93
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to privacy
Facts:

Laskey (L), Jaggard (J) and Brown (B) had taken part in sado-masochistic encounters with as many as forty-four other homosexual men over a ten-year period. These mainly involved maltreatment of the genitalia and ritualistic beatings, either with the assailant’s bare hands or a variety of implements. There were instances of branding and infliction of injuries …Read more

Tags: Gay, Homosexual, LGBTI, Queer, Sexual orientation, Sexual violence
Download Judgment: English

Nielsen v. Canada (Employment and Immigration Commission)

Country: Canada
Year: 1997
Court: Federal Court - Court of Appeal
Citation: [1997] 3 F.C. 920
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

Appellant, a federal public servant, filed a complaint with the Canadian Human Rights Commission (“the Commission”) on September 29, 1989 regarding the government’s refusal to provide dental care insurance coverage for her same-sex partner and her partner’s child. She claimed discrimination pursuant to the Canadian Human Rights Act (“the Act”) on the grounds of sex, …Read more

Tags: Gay, Health insurance, Homosexual, Lesbian, LGBTI, Sexual orientation
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X, Y and Z v. United Kingdom

Country: United Kingdom
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 21830/93, 24 Eur. H.R. Rep. 143 (1997).
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

Applicants X, Y and Z were all British nationals. X is a transsexual who has undergone gender reassignment surgery to become a man. He has lived with Y, as her male partner, since 1979. The couple applied jointly for, and was granted treatment by AID to allow Y to have a child Z. X was …Read more

Tags: Assisted reproductive technology, Childbirth, Children, Gender identity, Gender identity disorder, Gender reassignment, Homosexual, Hormone therapy, Intersex, LGBTI, Minor, Pregnancy, Queer, Sex reassignment, Sexual orientation, Transgender, Transsexual
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