Reform of Discriminatory Sexual Offences Laws in the Commonwealth and other Jurisdictions – Case Study of Seychelles

Reform of Discriminatory Sexual Offences Laws in the Commonwealth and other Jurisdictions – Case Study of Seychelles

This report provides a step-by-step analysis of how reform of sexual offences in Seychelles was achieved. It finds that decriminalisation in Seychelles was the result of a combination of factors, including genuine political will. A conducive social environment created through the hard work of local LGBT and human rights organisations, with the support of the legal profession and aided by international dialogue and favourable media coverage, was also crucial in bringing about the long overdue change. Importantly, the report concludes that constructive dialogue with faith leaders, in what is a deeply religious society, was also key to bringing about reform.

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Legislating to Address Hate Crimes against the LGBT Community in the Commonwealth

Legislating to Address Hate Crimes against the LGBT Community in the Commonwealth

This report, commissioned by the Human Dignity Trust on Behalf of the Equality & Justice Alliance, provides a detailed analysis of the purpose of Hate Crimes laws and assesses how these laws, already enacted in parts of the Commonwealth, are being used to tackle the pervasive violence faced by LGBT communities. The report identifies and assesses the different types and models of legislation that are being used and provides recommendations for other Commonwealth legislators.

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Injustice Exposed: The criminalisation of transgender people and its impacts

Injustice Exposed: The criminalisation of transgender people and its impacts

This report analyses the history, extent and nature of laws around the world which, through their existence and/or application, criminalise transgender and gender diverse people. The purpose of this report is to identify these laws, highlight particular examples of their enforcement, and examine how their mere existence renders trans and gender diverse people criminals by virtue of their gender identity and/or gender expression. The report also explores how these laws, through their existence and/or application, breach international human rights standards and norms.

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Modernising Sexual Offences Laws: Our Journey

Modernising Sexual Offences Laws: Our Journey

This short brochure produced by the Human Dignity Trust on behalf of the Equality & Justice Alliance, contains an interview with Kim Simplis Barrow, Special Envoy for Women and Children and Spouse of the Prime Minister of Belize, in which the journey towards reform of Belize's colonial-era sexual offences laws is documented. The brochure explains the reasoning behind the reforms and the problem that existed under the previous legal regime, the process of change, the challenges that were encountered and the lessons learned during the process.

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Briefing on Brunei’s implementation of the Syariah Penal Code Order 2013

Briefing on Brunei’s implementation of the Syariah Penal Code Order 2013

This briefing provides a legal analysis of Brunei’s Syariah Penal Code Order 2013 as it pertains to the criminalisation of consensual same-sex intimacy between men and between women, the criminalisation of the gender expression of trans and gender diverse people, and how these provisions are in violation of international human rights laws and norms.

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Navtej Singh Johar & Ors. V. Union of India, (2018) – Case Digest

Navtej Singh Johar & Ors. V. Union of India, (2018) – Case Digest

On 6th September 2018, the Supreme Court of India held that section 377 of the Indian Penal Code, which criminalised “carnal intercourse against the order of nature”, was unconstitutional to the extent that it criminalised consensual same-sex intimacy. In particular, it held that the provision violated Article 14 (equality before the law), Article 15 (prohibition of discrimination), Article 19 (freedom of expression), and Article 21 (protection of life and personal liberty - encompassing privacy, dignity and health). In doing so, the Court overruled as “constitutionally impermissible” and “fallacious” the Supreme Court’s earlier approach in Suresh Koushal v. Naz Foundation, in which it had in effect re-criminalised same-sex intimacy.

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