Naz Foundation v. Government of NCT of Delhi, et al.
Country: IndiaYear: 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
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
DW v. Secretary of State for the Home Department
Country: United KingdomYear: 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
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
Lawrence v. Texas
Country: United StatesYear: 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
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
Goodwin v. United Kingdom
Country: United KingdomYear: 2002
Court: European Court of Human Rights
Citation: App. No. 28957/95, 35 Eur. H.R. Rep. 18 (2002).
Health Topics: Health care and health services, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
The applicant, a United Kingdom citizen had always enjoyed dressing as a woman since her young age and had the impression that her body did not fit her mind. Thus she started treatment with a psychiatrist and underwent gender re-assignment surgery. After the procedure, she experienced problems at work such as harassment allegedly because of …Read more
Case SU-623/2001
Country: ColombiaYear: 2001
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to social security
Cesar Augusto Medina Lopera (the Plaintiff) requested the Health Security Company Comfenalco (H.S.C, the Respondent), to affiliate him to the Social Security System in Health as beneficiary of his life partner, Jairo Castaño Suescún, who was a contributor to this H.S.C. The Respondent denied the affiliation and argued that, in accordance with Colombian Political Constitution, …Read more
Living World Distributors Ltd. v. Human Rights Action Group Inc. (Wellington)
Country: New ZealandYear: 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
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
Salguiero Da Silva Mouta v. Portugal
Country: PortugalYear: 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
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
BT v. Oei
Country: AustraliaYear: 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
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
Lustig-Prean and Beckett v. United Kingdom
Country: United KingdomYear: 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
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
R v. North West Lancashire Health Authority, ex parte A, D, & G
Country: United KingdomYear: 1999
Court: Court of Appeal, Civil Division
Citation: [1999] EWCA Civ 2022; [2000] 1 WLR 977
Health Topics: Health care and health services, Health systems and financing, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
North West Lancashire Health Authority (the Authority), the Appellant, appealed against an order quashing the Authority’s decision to refuse gender reassignment treatment to A, D and G, the Respondents. A, D and G all suffered from “gender identity dysphoria,” or transsexualism. Each had male physical characteristics but female sexual identity. A and G had been …Read more