Toonen v Australia, CCPR/C/50/D/488 (1992)

Decision of the UN Human Rights Committee finding that criminalisation of sexual relations between consenting males is a violation of the International Covenant on Civil and Political Rights.

The UN Human Rights Committee evaluated a Tasmanian law criminalising sexual relations between consenting males. It concluded that the law violated Article 17(1) (right to privacy) in conjunction with Article 2(1) (non-discrimination) of the International Covenant on Civil and Political Rights. Crucially, the Committee noted that the reference to “sex” in Article 26 (equality before the law) and in Article 2(1) included sexual orientation.