Serbia – Supreme Court decision on discrimination on the grounds of sex and sexual orientation (Supreme Court of Cassation, Rev 195/2019, judgment from 29 January 2020)

Source: https://www.equalitylaw.eu/downloads/5307-serbia-supreme-court-decision-on-discrimination-on-the-grounds-of-sex-and-sexual-orientation-87-kb

In June 2017, the Dean of a Law School, who was also a professor at his university,
published an article with the title ‘Domestic Violence and Violence against the Family’. The author described the LGBTI community as ‘primitive’, ‘violent’ and as
‘prostitutes’.

The Higher Court in Novi Sad delivered its decision in May 2018, finding that the author of the text committed an act of discrimination on the basis of gender and sexual orientation.

The Appellate Court in Novi Sad found that the author has the right to freedom of expression and that his profession (university law professor and a dean) is irrelevant in this case.

The Supreme Court of Cassation upheld the Appellate Court’s decision.

The highest court found that the author did not offend people based on sex or sexual orientation and neither had the intention to offend. On the contrary, he merely expressed his value judgment about the Law on the Prevention of Domestic Violence, and criticized the manifestation of sexual orientation at the Gay Pride.

Bolivia approves first same-sex union following legal battle

December 12, 2020 – 14:50

LA PAZ (Reuters) – Bolivia’s civil registry authorized for the first time a same sex civil union following a two-year legal battle, a decision activists in the Andean nation hope will pave the way for an overhaul of the country’s marriage laws.

David Aruquipa, a 48-year-old businessman, and Guido Montaño, a 45-year-old lawyer, were initially denied the right to register their union in 2018 by authorities in Bolivia, who said the country’s laws did not allow same sex marriage.

The couple, together for more than 11 years, took their case to court. While the Bolivian Constitution still does not contemplate same sex unions, Montaño and Aruquipa argued successfully the prohibition violated international human rights standards and constituted discrimination under Bolivian law.

“It is an initial step, but what inspires us is (the goal) of transforming the law,” said Aruquipa, a well-known local activist for LGBT causes.

Despite considerable opposition from religious groups, gay marriage has become increasingly accepted in Latin America, with same sex couples now allowed to marry in Argentina, Ecuador, Brazil, Colombia, Uruguay and parts of Mexico.

(Reporting by Daniel Ramos and Reuters TV, Writing by Dave Sherwood; Editing by Bill Berkrot)

See: https://www.swissinfo.ch/eng/bolivia-approves-first-same-sex-union-following-legal-battle/46220480

HRW: End Abusive Sex Testing for Women Athletes – Tests Violate Rights, Ruin Lives

• Women athletes, largely from the Global South, are targeted and harmed by “sex testing” regulations.
• Women being observed under the regulations, and in some cases being compelled to undergo a medical examination, amounts to policing women’s bodies based on arbitrary definitions of femininity and racial stereotypes.
• Sport governing bodies – including World Athletics and the International Olympic Committee – should remove all regulations that require medically unnecessary interventions for continuing eligibility.

(Geneva) – Women track and field athletes, largely from the Global South, are abused and harmed by “sex testing” regulations, Human Rights Watch said in a report released today. The regulations target women in running events between 400 meters and one mile, and compel women they target to undergo medical interventions or be forced out of competition.

The 120-page report, “‘They’re Chasing Us Away from Sport’: Human Rights Violations in Sex Testing of Elite Women Athletes,” documents the experiences of more than a dozen women athletes from the Global South who have been affected by sex testing regulations. Human Rights watch found that global regulations that encourage discrimination, surveillance, and coerced medical intervention on women athletes result in physical and psychological injury and economic hardship. The International Olympic Committee – the supreme body in global sports – is developing guidelines to address human rights violations caused by sex testing policies.

Netherlands Apologizes for Transgender Sterilizations

https://www.hrw.org/news/2020/12/01/netherlands-apologizes-transgender-sterilizations

A Genève, un centre universitaire pour répondre à la nécessité d’étudier les sexualités Le Centre Maurice Chalumeau en sciences des sexualités (CMCSS) vient d’être inauguré à l’Université de Genève, premier dans son genre. Quels sont ses origines et ses enjeux? Entretien avec ses codirecteurs, Juan Rigoli et Ferdinando Miranda Lire: https://www.letemps.ch/societe/geneve-un-centre-universitaire-repondre-necessite-detudier-sexualites

A Genève, un centre universitaire pour répondre à la nécessité d’étudier les sexualités — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Bhutan’s Parliament votes to decriminalize homosexuality

Bhutan’s Parliament adopted the Penal Code (Amendment) Bill of 2019 on Thursday, decriminalizing homosexual conduct between two consenting adults. The legislation was tabled before both the houses, those being the National Assembly and the National Council, in a joint sitting of the bicameral legislature this year.

Section 213 of the Penal Code of Bhutan criminalized “unnatural sex,” which it defined as when any person “engages in sodomy or any other sexual conduct that is against the order of nature.” The crime was deemed to be a petty misdemeanor, the punishment for which could extend up to a year as per Section 214 of the Penal Code. Although there was no explicit mention of “homosexuality,” the provision of unnatural sex was widely taken to refer to homosexual conduct between two adults.

The National Assembly had repealed both the provisions earlier last year; however, the National Council voted for retention so as to prevent other forms of unnatural sexual conduct, such as bestiality. Amidst growing confusion surrounding the definition of “unnatural sex,” the bill was tabled for a joint sitting this year. After recommendations from the Joint Committee, “homosexuality” has now been explicitly excluded from the definition of “unnatural sex” through an exception clause, while the provision of “unnatural sex” still remains in the Penal Code (making acts which are considered against the nature punishable).

This was one of the 24 disputed clauses which were pending joint consideration of both the houses. The bill has been passed with an absolute majority, with sixty three of sixty nine present and voting Parliamentarians voting in favor of the amendment to the Penal Code. The law is now short of a veto by the Bhutanese King.Did you know that about 30 percent of charitable giving happens in December?
It’s an important month for nonprofits like JURIST that rely on donor support. Your gift of $50, $100, $200 or $500 will help JURIST to keep its legal news and commentary free and accessible to a worldwide public.

Thanks for your support!

DONATE NOW

The post Bhutan’s Parliament votes to decriminalize homosexuality appeared first on JURIST – News – Legal News & Commentary.

UK: Trans kids must understand risks of hormone therapy to receive life-saving puberty blockers, judge rules in landmark case

Read: https://www.pinknews.co.uk/2020/12/01/puberty-blockers-keira-bell-high-court-transgender-teenagers-gids/

New Book: Marie Digoix (ed.), Same-sex families and legal recognition in Europe (European Studies of Population Series, volume 24), Cham (CH): Springer 2020

Marie Digoix (ed.), Same-sex families and legal recognition in Europe (European Studies of Population Series, volume 24), Cham (CH): Springer 2020.

Save the date: Summer School on Sexual Orientation and Gender Identity in International Law, The Hague and Amsterdam (provisional dates: 27 July – 5 August 2022)

The fifth edition of the Summer School on Sexual Orientation and Gender Identity in International Law will take place in 2022 in The Hague and Amsterdam (provisional dates: 27 July – 5 August 2022).

Details: https://www.universiteitleiden.nl/en/education/study-programmes/summer-schools/sexual-orientation-and-gender-identity-in-international-law-human-rights-and-beyond

Bhutan votes to decriminalise homosexuality in ‘momentous day’ for the tiny Buddhist kingdom

Read: https://www.pinknews.co.uk/2020/12/10/bhutan-homosexuality-decriminalises-parliament-penal-code-section-213-214/