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
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
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
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
V.R.P., et al. v. Nicaragua
Country: NicaraguaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 3/09, Petition 4408-02, February 11, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Infectious diseases, Informed consent, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Petitioner V.P.C. stated that on two occasions, her father H.R.A. took her nine-year-old daughter V.R.C. to a remote site, drugged her, and sexually abused her. Petitioner took her daughter to the hospital on October 16, 2001 because her daughter could not control her bowels. The doctor biopsied polyps near the daughter’s rectum and found that …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
S.L. v. Austria
Country: AustriaYear: 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
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