Genderdoc-M v Moldova (no. 9106/06), 2012

Genderdoc-M v Moldova (no. 9106/06), 2012

The European Court of Human Rights found that by prohibiting a demonstration promoting the interests of the LGBT community, Moldova had violated its obligations under Articles 11 (freedom of assembly or association), 13 (right to an effective remedy), and 14 (prohibition of discrimination) of the European Convention on Human Rights.

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Submission on the Draft Commonwealth Charter 2012

Submission on the Draft Commonwealth Charter 2012

The Human Dignity Trust’s submission on the Draft Commonwealth Charter. The opinion concludes that in failing to make reference to sexual orientation, the draft Charter does not explicitly reflect international human rights standards. The absence of any privacy rights will further undermine efforts to address discriminatory so-called “anti-sodomy” laws.

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Atala Riffo and Daughters v Chile, 2012, Series C No. 239

Atala Riffo and Daughters v Chile, 2012, Series C No. 239

The case related to the custody process brought before the Chilean court by the father of three girls against their mother, Karen Atala Riffo. The Chilean Court found that Ms Atala’s sexual orientation and her co-habitation with her same-sex partner would cause harm to the three girls, and granted custody to the father. At the Inter-American Court she argued that in the course of the judicial process she had suffered discriminatory treatment and arbitrary interference in her private and family life. The Court ruled that ‘the Chilean state had violated Karen Atala Riffo’s right to live free from discrimination’. The Court urged Chile to make reparations and to adopt legislation, policies and programmes to prohibit and eradicate discrimination based on sexual orientation.

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Alekseyev v Russia, Nos. 4916/07, 25924/08, 14599/09, 2010

Alekseyev v Russia, Nos. 4916/07, 25924/08, 14599/09, 2010

This case concerned prohibitions on LGBT pride marches. The Russian government contended that the ban had the legitimate aim of maintaining public order and protecting public morals. The European Court of Human Rights rejected this argument and held that the ban violated the applicant’s right to freedom of assembly and association under Article 11 of the European Convention on Human Rights. The Court also rejected the government’s contention that allowances should be made for the strong cultural opposition towards homosexuality in Russia.

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HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department, Supreme Court of the United Kingdom, [2010] UKSC 31

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department, Supreme Court of the United Kingdom, [2010] UKSC 31

The case concerned two homosexual men who sought asylum in the UK on the basis that they would face persecution on the grounds of sexual orientation if returned to their home countries. In their countries of origin (Iran and Cameroon), engaging in homosexual acts is punishable by death. The question for the court was whether the men could be expected to conceal their sexual orientation in order to avoid the risk of persecution. The Supreme Court held that no one should be expected to conceal their sexual orientation in order to avoid persecution.

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Statement by the Anglican Bishops in Southern Africa, On the Imprisonment of Stephen Monjeza and Tiwonge Chimbalanga

In this statement the Bishops of the Anglican Church in Southern Africa called upon the South African Government to seek the release of Stephen Monjeza and Tiwonge Chimbalanga, who were sentenced in Malawi to 14 years imprisonment with hard labour, after they shared in a traditional engagement ceremony. The Bishops stated that despite the breadth of theological views amongst them on matters of human sexuality, they were united in opposing the criminalisation of LGBT people.

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