Criminalising Homosexuality and the Rule of Law

Criminalising Homosexuality and the Rule of Law

This briefing note looks at the criminalising of homosexuality through the prism of the rule of law, suggesting that the criminalisation of consensual same- sex intimacy offends against the Rule of Law. From a procedural point of view, criminalisation means that rights granted to all citizens in national constitutions, domestic laws and via international treaty obligations are being dis-applied to the lesbian, gay, bisexual and transgender (LGBT) minority. From a substantive point of view, criminalisation is inconsistent with the human rights that should be present in a well-functioning domestic system.

download
Criminalising Homosexuality and Democratic Values

Criminalising Homosexuality and Democratic Values

This note demonstrates, via data and case studies, the link between democracy and the treatment of lesbian, gay, bisexual and transgender (LGBT) people. These data and case studies show that LGBT people are most likely to be criminalised where democracy is weak, that LGBT rights and democracy take root together, and that society turning its back on LGBT rights is a signal that democracy is in retreat.

download
Criminalising Homosexuality: Synopsis and Recommendations

Criminalising Homosexuality: Synopsis and Recommendations

This series of briefing notes was produced by the Human Dignity Trust in the second half of 2015. These notes aim to illustrate the link between the criminalisation of homosexuality and various aspects of good governance. They also offer information and guidance to governments, the international community, civil society and activists on how to bring about the decriminalisation of homosexuality across the globe. This research draws on our experience working with activists in criminalising countries and our expertise in international human rights law.

download
Criminalising Homosexuality: Irreconcilable with Good Governance – Full Report

Criminalising Homosexuality: Irreconcilable with Good Governance – Full Report

The Human Dignity Trust has produced a series of ground-breaking notes explaining how criminalisation interacts with various key areas of democratic values, good governance and well-being. These notes highlight how crucial decriminalisation is for states to prosper and uphold their core democratic principles. They demonstrate the variety of lenses through which criminalisation's damaging effects can be seen, from exacerbating HIV to harming businesses to undermining the rule of law.

download
Eric Gitari v NGO Board & 4 others [2015] – Case Summary

Eric Gitari v NGO Board & 4 others [2015] – Case Summary

The High Court of Kenya at Nairobi found that the failure by a government agency to register a LGBT rights NGO, on the basis that homosexuality is criminalised in the East African country, was unconstitutional. The responsible agency was ordered to register the NGO, in what is a major legal victory in Kenya and the continent.

download
Eric Gitari v NGO Board & 4 others [2015], Petition 440 of 2013

Eric Gitari v NGO Board & 4 others [2015], Petition 440 of 2013

The High Court of Kenya at Nairobi found that the failure by a government agency to register a LGBT rights NGO, on the basis that homosexuality is criminalised in the East African country, was unconstitutional. The responsible agency was ordered to register the NGO, in what is a major legal victory in Kenya and the continent.

download

Keep in Touch

Sign up to our newsletter for updates on key legal challenges to anti-LGBT laws around the world, news on the reform of discriminatory laws in the Commonwealth, comment from our Director on landmark judgments and employment opportunities at the Trust.

SIGN UP FOR OUR NEWSLETTER