Category Archives: Allgemein

Japan court reaffirms same-sex marriage ban is unconstitutional

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Japan court reaffirms same-sex marriage ban is unconstitutional

The Tokyo High Court declared Japan’s current policy against same-sex marriage as discriminatory and unconstitutional in a ruling on Wednesday.

The case involved a couple in Tokyo registered as same-sex partners who sought compensation from the government, arguing that laws failing to recognize same-sex marriage violated the Japanese constitution.

Presiding Judge Taniguchi Sonoe emphasized that establishing a legal relationship as spouses for same-sex individuals is fundamental for a fulfilling social life and deserving of equal respect as heterosexual unions. The court delved into the interpretation of “freedom of marriage” under Article 24 of the constitution, addressing the language referencing “both sexes” and “husband and wife.”

The court clarified that these terms do not exclude legal protection for same-sex couples, highlighting the importance of legal recognition for all individuals. By examining provisions in the Civil Code and related laws, the court concluded that denying same-sex marriage rights breached constitutional principles of equality under the law and essential gender equality.

This ruling aligns with a prior landmark decision in 2021, which deemed the government’s stance on same-sex marriage unconstitutional. The Sapporo High Court in March 2024 affirmed the district court decision, being the first High Court in the country to declare the ban explicitly unconstitutional.

Advocacy groups in Japan like the “Freedom of Marriage for All” are now calling on the National Diet, the Japanese parliament, to enact legislation ensuring same-sex marriage rights without delay.

Amnesty International’s East Asia Researcher, Boram Jang, praised the Tokyo High Court’s decision, emphasizing the significance of this step towards marriage equality and the need for comprehensive national legislation to uphold equal rights for all couples in Japan.

The post Japan court reaffirms same-sex marriage ban is unconstitutional appeared first on JURIST – News.

United Nations: A/79/172: Investigating and preventing unlawful deaths of LGBTIQ+ persons – Report of the Special Rapporteur on extrajudicial, summary, or arbitrary executions (9/9/2024)

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United Nations: A/79/172: Investigating and preventing unlawful deaths of LGBTIQ+ persons – Report of the Special Rapporteur on extrajudicial, summary, or arbitrary executions (9/9/2024)

In his report, the Special Rapporteur addresses the risk of unlawful deaths of LGBTIQ+ persons worldwide, with a view to identifying main issues and challenges, emphasizing best practices, and offering evidence-based recommendations for improved protection of their right to life.

More: https://www.ohchr.org/en/documents/thematic-reports/a79172-investigating-and-preventing-unlawful-deaths-lgbtiq-persons

EU states must recognize gender changes obtained in other bloc countries, says top court

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European Union states must recognize gender changes obtained in other bloc countries, says top court

See: https://www.lemonde.fr/en/european-union/article/2024/10/04/eu-states-must-recognize-gender-changes-obtained-in-other-bloc-countries-says-top-court_6728196_156.html

Judgment of the Court (Grand Chamber) of 4 October 2024.
M.-A.A. v Direcţia de Evidenţă a Persoanelor Cluj and Others.
Request for a preliminary ruling from the Judecătoria Sectorului 6 Bucureşti.
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union.
Case C-4/23.

Articles 20 and 21(1) TFEU, read in the light of Articles 7 and 45 of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding legislation of a Member State that does not permit recognition and entry in the birth certificate of a national of that Member State of a change of first name and gender identity lawfully acquired in another Member State, when exercising the right to free movement and residence, with the consequence that that person is obliged to initiate, before a court, new proceedings for a change of gender identity in the first Member State, which disregard the change that was previously lawfully acquired in that other Member State.

See: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0004

European Union: Interesting Publication: LGBTIQ at a crossroads: progress and challenges

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European Union: Interesting Publication: LGBTIQ at a crossroads: progress and challenges

Sex, sexual orientation and gender – Equality, non-discrimination and racism

FRA’s third LGBTIQ survey shows that people still experience hate-motivated violence and discrimination. Trans and intersex people face even greater victimisation. Yet, signs of progress show that the EU’s and Member States’ efforts can positively affect people’s lives. More LGBTIQ people are open about their sexual orientation, gender identity, gender expression and sex characteristics.

Download for free:https://fra.europa.eu/en/publication/2024/lgbtiq-crossroads-progress-and-challenges

USA: Texas city approves transgender bathroom ban

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Texas city approves transgender bathroom ban

The city council of Odessa, Texas voted this week to approve a ban on transgender individuals’ use of bathrooms on city property that do not correspond with their sex assigned at birth.

Tuesday’s 5-2 vote amends a 1989 ordinance that made it “unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to his or her own…” The new amendments will expand the language to allow prosecution of transgender people for using bathrooms that align with their personal gender identification. Penalties include trespassing charges, fines, and liability for damages, including court costs and legal fees.

Restrooms in city libraries, parks, airports, and other government facilities are subject to the ban under the new language which includes, urinals, toilets, showers, and changing areas in the definition of restroom.

The Texas chapter of the American Civil Liberties Union condemned the new ordinance, calling it “shameful” while a spokesperson from PFLAG, an LGBTQ+ advocacy group, called the legislation “unnecessary” and “a complete waste of the city’s time, money, and resources.”

Texas Values president Jonathan Saenz who advocated for the bill insisted that the ordinance was needed align the language of the ordinance with “our current culture” while denouncing changes toward “long held beliefs” on gender and sex.

The bill includes exceptions for minors under the age of 12 accompanying an adult into a restroom for normal use, law enforcement, emergency medical aid, and custodial maintenance or repair.

Transgender rights have faced increasing restrictions in the Lone Star state with the Texas Supreme Court recently upholding a ban on gender affirming care for transgender youth. There are now fears that the Odessa bill could presage a statewide ban on the transgender people’s use of restrooms that align with their gender identity.

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More than 800 US veterans given honourable discharges after ‘Don’t Ask, Don’t Tell’ review

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More than 800 US veterans given honourable discharges after ‘Don’t Ask, Don’t Tell’ review

The Pentagon has announced that more than 800 veterans who were thrown out of the US military over their sexual orientation will receive honourable discharges.

Under a policy known as “Don’t Ask, Don’t Tell” that was in effect from 1994 to 2011, thousands of openly gay, lesbian and bisexual service members were separated from the military.

Many were given less-than-honourable discharges, which blocked them from receiving veteran benefits such as healthcare, student loans and tuition assistance.

A little more than a year ago, Defence Secretary Lloyd Austin had the military begin reviewing veterans’ records to possibly upgrade discharge statuses.

More: https://www.bbc.com/news/articles/c20jdze9qdpo

BUSINESS STATEMENT ON THE ANTI-HOMOSEXUALITY BILL OF UGANDA

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BUSINESS STATEMENT ON THE ANTI-HOMOSEXUALITY BILL OF UGANDA

As a coalition of global companies – including those with operations and employees in Uganda – Open For Business is concerned about negative impacts of the Anti-Homosexuality Bill:

● Firstly, discrimination against LGBTQ+ people has a detrimental effect on employees and runs counter to the interests of businesses and economic growth in Uganda. The evidence shows that policies designed to exclude minorities such as the LGBTQ+ community have a real cost – not only on people, but on business performance as well as national economic competitiveness. There is a strong economic rationale for better inclusion in Uganda.

● Secondly, the Bill, if enacted, will make it a crime to pursue policies of diversity and inclusion in Uganda by making it illegal to provide information and support to LGBTQ+ employees. Further, it will compel companies to report those perceived to be LGBTQ+ to the authorities.

This contravenes international standards of corporate responsibility and best business practices.

Context

We are a coalition of businesses from the technology, industrials, airline, financial services, healthcare, consumer products, entertainment and consulting sectors. This briefing is intended to express our concern at the Anti-Homosexuality Bill (AHB), which proposes harsh penalties for people perceived to be lesbian, gay, bisexual, transgender, queer or non-binary (LGBTQ+) or those who support inclusion for LGBTQ+ people.

see the full statement here

click here for our press release

More: https://open-for-business.org/special-focus-uganda

Italy bans couples from travelling abroad for surrogacy

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Italy bans couples from travelling abroad for surrogacy

Italy has made it illegal for couples to go abroad to have a baby through surrogacy.

The move extends a ban on the practice inside the country to also include those who seek it out in places where it is legal, like the US or Canada. Those who break the law could face up to two years in prison and fines of up to €1m (£835,710).

The law, proposed by the Italy’s far-right governing party, is seen by critics to target LGBT couples – who are not allowed to adopt or use IVF in the country.

Surrogacy is when a woman carries a pregnancy for another couple or individual, usually due to fertility issues or because they are men in a same-sex relationship.

More: https://www.bbc.com/news/articles/c62rmv63069o

New Article: Giulio Fedele, From Fedotova v. Russia with Love: Unpacking the Right to Same-Sex Unions Under the ECHR

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New Article: Giulio Fedele, From Fedotova v. Russia with Love: Unpacking the
Right to Same-Sex Unions Under the ECHR


Giulio Fedele, From Fedotova v. Russia with Love: Unpacking the
Right to Same-Sex Unions Under the ECHR
(doi: 10.12829/114379)
Diritti umani e diritto internazionale (ISSN 1971-7105)
Fascicolo 2, maggio-agosto 2024

See: https://www.rivisteweb.it/issn/1971-7105/issue/9552