44 judgments found.

Tan Eng Hong v. Attorney-General

Country: Singapore
Year: 2012
Court: Court of Appeal
Citation: [2012] SGCA 45
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

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

Tags: Buggery, Gay, Homosexual, LGBTI, Queer, Sexual orientation, Sodomy
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Allpass v. Mooikloof Estates (Pty) Ltd.

Country: South Africa
Year: 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
Facts:

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

Tags: Antiretrovirals, ARVs, Asthma, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, LGBTI, People living with HIV/AIDS, PLHIV, Sexual orientation
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Kozak v. Poland

Country: Poland
Year: 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
Facts:

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

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

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

The International Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Croatia

Country: Croatia
Year: 2009
Court: European Committee of Social Rights
Citation: Complaint No. 45/2007
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to education
Facts:

NTERIGHTS brought a complaint which alleged that Croatia was not complying with Articles 11(2) and 16 taken alone and in light of the non-discrimination clause in the Preamble and Article 17 of the European Social Charter (“ESC”) because Croatian schools were not providing adequate sexual and reproductive health education for children and young people. It …Read more

Tags: AIDS, Awareness, Children, Gay, Health education, HIV, HIV positive, Homosexual, LGBTI, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

DW v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2005
Court: Asylum and Immigration Tribunal
Citation: [2005] UKAIT 00168
Health Topics: HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
Facts:

DW was a Jamaican citizen who sought asylum in the United Kingdom. He claimed to have been persecuted in Jamaica on the basis of his sexual orientation. He recounted two instances of being assaulted on the basis of being a homosexual. DW feared reporting these incidences to the police because he believed that they would …Read more

Tags: Assault, Asylum, Degrading treatment, Gay, HIV, Homosexual, Immigration, Inhuman treatment, Law enforcement, LGBTI, Migrants, Police, Queer, Refugees, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
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Lawrence v. Texas

Country: United States
Year: 2003
Court: Supreme Court
Citation: 539 U.S. 558 (2003)
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Police officers entered a private residence in response to a report of a disturbance and came upon two men engaged in a sexual act. The men were arrested for and charged with violating a Texas state criminal law that prohibited “deviate sexual intercourse [defined as oral or anal sex] with another individual of the same sex.” …Read more

Tags: Buggery, Criminalization, Gay, Homosexual, Lesbian, LGBTI, Queer, Sexual orientation, Sodomy
Download Judgment: English

S.L. v. Austria

Country: Austria
Year: 2003
Court: European Court of Human Rights
Citation: Application no. 45330/99
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

SL, an Austrian national, was born in 1981. SL is a homosexual and submits that he lives in a rural area of Austria where homosexuality is still taboo and suffered from the fact that he could not live his homosexuality openly and – until he reached the age of 18 – could not enter into …Read more

Tags: Buggery, Criminalization, Gay, Homosexual, Lesbian, LGBTI, Sexual orientation, Sodomy
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