Bolivia recognizes same-sex union following long legal battle

The national civil registry of Bolivia recognized for the first time on Friday a same-sex civil union after a two-year legal battle between the applicants, a gay couple, and the administrative authorities.

The case stemmed from an application by David Aruquipa and Guido Montaño, who had applied to register their relationship as a “free union” under the Code of Families of Bolivia in 2018. However, their application was rejected by the national civil registry in September 2019, citing lack of availability of administrative procedures for same-sex unions, a decision which was later challenged by the couple.

In a July resolution, the Second Constitutional Chamber struck down the decision of the registry as discriminatory. The Constitutional Chamber observed that the Constitution required all laws and administrative procedures to be consistent with the principles of equality and non-discrimination, including on grounds of sexual orientation.

It held that the decision of the registry was violative of the due process rights of the couple as well as of Bolivia’s international human rights and legal obligations, ordering the registry to recognize the union before August 10. The registry had, however, refused to comply with the judicial order until its Friday decision.

The post Bolivia recognizes same-sex union following long legal battle appeared first on JURIST – News – Legal News & Commentary.

New Chinese Civil Code: Marriage still defined as union between opposite sexes

Despite seeing concerns about and criticisms of such changes from various regions across the country, the Civil Code was passed with 2,879 legislators voting in favor, two voting against, and five abstaining on the last day of the NPC meetings. These voting numbers are similar to the more scrutinized decision on Hong Kong national security legislation, on which 2,878 voted in favor, one voted against, and six abstained. The new civil code will be in place starting from 2021, making it harder for couples to file a divorce or make choices in their marriages.

Meanwhile, long-hoped-for reforms on same-sex marriage were not discussed in the annual legislative meetings, despite having a significant amount of support. The new civil code will continue to use the definition from 1950, which sees marriage as a legal covenant between one man and one woman.

Read: https://thediplomat.com/2020/06/with-new-divorce-rule-china-further-pushes-family-values/

Enquête 2020 du Panel Suisse LGBTIQ + : Les personnes LGBTIQ+ continuent d’être victimes de discrimination malgré les évolutions politiques En Suisse, les membres des minorités sexuelles(1) et de genre(2) sont toujours victimes de discrimination structurelle, d’exclusion sociale et de violence physique. C’est ce que démontrent deux psychologues des Universités de Lausanne et de Zurich […]

Enquête 2020 du Panel Suisse LGBTIQ + : Les personnes LGBTIQ+ continuent d’être victimes de discrimination malgré les évolutions politiques — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Great news from Bolivia! Finally, for the first time ever, the union of a same-sex couple will be legally recognized in the country! 🎉

David and Guido – the lovely couple in question 💕 – had been fighting a court battle for over 2 years to register their union.

With the help of activists, local groups and over 36,000 All Out members who signed the petition (incluiding you!), their love will be finally recognized by the law!

To celebrate, we’re sending David and Guido a giant greeting card – signed by thousands of All Out members from all over the world.

Click here to sign their card. David and Guido will be very happy to see your name there, Andreas. 💌

Activists from the Comunidad de Derechos Humanos Bolivia – the group that created the petition in the All Out platform – are going to surprise David and Guido with the card this coming Friday, when they make their union official.

Sign the card and show some love to David and Guido on their special day.

Thanks for going All Out for Bolivia,
Andrés, All Out campaigner in Latin America

Greece – First Greek judgment on the recognition of a non-binary person

For the first time in Greece judgment No. 153/2020 of the Justice of the Peace
of Kallithea has completely upheld the petition of a non-binary person for the recognition of their gender identity and the change of their surname.

Read: https://www.equalitylaw.eu/downloads/5311-greece-first-greek-judgment-on-the-recognition-of-a-non-binary-person-108-kb

See also: https://equal-eyes.org/database/2020/9/20/greece-non-binary-recognition-of-gender-identity-by-the-magistrates-court-of-kallithea

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