A new ILGA report shows that intersex people globally lack human rights protections
More:https://www.them.us/story/intersex-protections-around-the-world-report-medical-abuse
Greece to legalise same-sex marriage, adoption
Greece will legalise marriage and adoption by same-sex couples, the prime minister said on Wednesday (10 January), but gave no timeframe on the sensitive issue in the staunchly Christian Orthodox state.
________________________________________________________________________________________
Greece’s Prime Minister Kyriakos Mitsotakis said in an interview with a state-run television channel on Wednesday that the government would shortly submit legislation allowing same-sex civil marriages, despite reservations from the Orthodox Church and some lawmakers.
Mitsotakis vowed to eliminate any discrimination based on sexual orientation in marriages. He added that “marriage equality has already been legislated” in twenty European countries and Greece is “moving forward” in that direction. He emphasized that the motivation behind proposing this legislation is to ensure equal protection of child rights. Currently, in the event of the death of a person in a same-sex relationship, their child’s guardianship would be given to an institution rather than their surviving partner, which impacts the well-being of the child. Additionally, the proposal would allow child adoption but would not interfere with the “assisted reproduction regime.”
In 1982, Greece witnessed “a great revolution in family law” as adultery was decriminalized, domestic violence was criminalized and women were provided the choice to keep their surname which, as Mitsotakis noted, took place despite the opposition from the Orthodox Church. Therefore, while the views of the Church would be taken into consideration, they would not be allowed to dictate the legislative process. Further, Mitsotakis’ New Democracy party would not impose their views on dissident ministers but would open a forum for discussion on the issue.
Over the past decade, Greece has implemented a series of reforms to improve LGBTQI+ rights. The country legalized same-sex civil partnerships in 2015 and allowed legal recognition of gender identity in 2017. In 2021, the premier appointed a committee to draft a national strategy for 2021-2025 to improve LGBTQI+ rights. In 2022, Greece banned conversion therapy for minors.
Despite these strides, same-sex couples face troubles as they are still not allowed to have or adopt children. In addition, gender identity recognition is a complex judicial procedure and conversion therapy is still allowed for adults. A report by the Council of Europe informed of the continuous discrimination and intolerance faced by the community which are frequent targets of hate speech.
Mitsotakis won his second term in 2023 and allowing same-sex civil marriage was a key component of his campaign.
The post Greece to submit bill to legalize same-sex marriage appeared first on JURIST – News.
Uganda activists challenge anti-homosexuality law in Constitutional Court
Ugandan LGBTQIA+ activists filed a lawsuit Monday in the country’s Constitutional Court to examine the constitutionality of the Anti-Homosecuality Act, signed by the country’s president earlier this year, that restricts the rights of LGBTIA+ individuals and imposes harsh penalties, including execution, for certain same-sex acts.
A panel of five judges, led by Judge Richard Buteera, has commenced hearings on the matter, soliciting written submissions from both parties. Nicholas Opiyo, the lawyer representing the applicants, expressed hope the court would rule fairly. He also stated, “The court has an opportunity to decide whether the constitution of Uganda affords all Ugandans, including LGBTQI+ individuals, equal protection under the law.”
The law has been met with condemnation globally, with LGBTQIA+ organizations criticizing the EU for its continued financial support of Uganda after the ratification of the Act and the UK and US heavily criticizing the it.
Uganda’s legislature has defended the law, with The Speaker of the Ugandan Parliament Anita Annet Among stating, “As Parliament of Uganda, we have heeded the concerns [of] our people and legislated to protect the sanctity of family.”
According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), across the African continent, only 22 of 54 countries have legalized homosexuality. Mauritania and Somalia allow the death penalty for same-sex sexual acts.
The post Uganda activists challenge anti-homosexuality law in Constitutional Court appeared first on JURIST – News.
India Supreme Court issues notice in petition by transwoman teacher over dismissal
The Indian Supreme Court issued on Tuesday an order informing authorities of a petition by a transgender woman who alleged that she was dismissed from her post as a teacher because of her gender identity.
The bench, comprising Chief Justice Chandrachud, Justice Pardiwala and Justice Misra of the Supreme Court in the case of Jane Kaushik v Union of India, issued an order granting permission for service of notice to India’s Central Agency Section, which handles government litigation before the Supreme Court, as well as to the standing counsel for the states of Uttar Pradesh and Gujarat. The JP Modi School from Gujarat and Uma Devi Children’s Academy from Uttar Pradesh were also instructed to respond to the notice by February 2, 2024, which coincides with the next scheduled date of the hearing in this case.
The court accepted the petitioner’s request to hear the case under Article 32 of the Indian Constitution because the schools in question are located in two different states, and it would pose a challenge for the petitioner to seek remedies if she is required to approach each of the respective state High Courts.
Article 32 of the Indian Constitution grants individuals the right to move the Supreme Court of India for the enforcement of fundamental rights. It is a constitutional remedy for the protection of fundamental rights, and individuals can directly approach the Supreme Court if they believe their fundamental rights have been violated.
The National Legal Services Authority v. Union of India judgement acknowledged and legally recognized the rights of transgender individuals in India as third gender. In this landmark decision, the court emphasized the use of a “psychological test” rather than a “biological test” for determining gender. The Supreme Court affirmed the right of transgender individuals to self-identify and mandated that both the Indian and state governments grant legal recognition to their gender identity. The judgment also declared any form of discrimination against transgender people as a violation of their fundamental rights.
Although the Supreme Court has introduced reforms to protect the rights of transgender individuals in India, their situation continues to be grim due to persistent social stigma surrounding their identity. Despite these challenges, concerted efforts by activists have resulted in positive developments, such as the recent initiation of a housing program by the Transgender Welfare Board.
The post India Supreme Court issues notice in petition by transwoman teacher over dismissal appeared first on JURIST – News.
Uganda LGBTQ+ rights activist stabbed
A dedicated advocate for LGBTQ+ rights in Uganda was [WARNING: GRAPHIC VIDEO] stabbed Wednesday and is in critical condition in hospital. The brutal assault comes as attacks on LGBTQ+ people in the country have surged following the implementation of a harsh anti-homosexuality law.
Steven Kabuye, a champion for LGBTQ+ rights in Uganda, posted the video to his X (formerly Twitter) account on Wednesday morning, which showed his injury. Hans Senfuma, an ally of Kabuye and an LGBTQ+ activist, posted that the activist had been stabbed with a knife in the early morning by two unknown individuals on a motorcycle. He said that Kabuye believed the men were trying to kill him and that they had been following him for several days. Senfuma later posted that Kabuye was out of surgery.
In May 2023, Uganda passed the Anti-Homosexuality Act, igniting widespread condemnation from the international community. The law criminalized same sex conduct and introduced a possible death penalty for the offense of “aggravated homosexuality.” Numerous governments and human rights organizations expressed their opposition to the law, with Human Rights Watch stating that the law violated “multiple fundamental rights guaranteed under Uganda’s constitution and breaks commitments made by the government as a signatory to a number of international human rights agreements.”
Since the passing of the act, Uganda has seen a huge rise in human rights violations of LGBTQ+ individuals, as well as assaults. A report issued by the Strategic Response Team Uganda showed that between January and August 2023, “real and perceived LGBTIQ+ persons were exposed, tortured, beaten, arrested, outed and suffered physical, sexual and psychological violence, including evictions and banishments, blackmail, loss of employment and health service disruptions.” There are currently legal challenges to the law underway and a trial is expected soon, with petitioners arguing that the law not only breaks rights under the Ugandan Constitution but also reneges on their international human rights obligations.
Kabuye has been an outspoken critic of the law and a fierce proponent for LGBTQ+ rights in Uganda. At the time of the act’s passing, he tweeted:
I am deeply concerned about the consequences of Uganda’s Anti-Homosexuality Act 2023. This law violates basic human rights and sets a dangerous precedent for discrimination and persecution against the LGBTQ+ community. Let us stand together in solidarity and fight against bigotry and hate.
According to Reuters, the Coloured Voices Media Foundation – Truth to LGBTQ Uganda, made a statement on X regarding the assault on Kabuye. However, the statement is no longer available as the X account is no longer active. The organization’s website is also inaccessible. Dr Frank Mugisha, a prominent human rights activist and civil rights defender, stated on X that “hate crimes have no place in Uganda. We urge the police to conduct a thorough investigation.”
The post Uganda LGBTQ+ rights activist stabbed appeared first on JURIST – News.
UN experts condemn Russian Supreme Court decision banning “LGBT movement” as “extremist”
UN Human Rights Committee finds case relating to refusal to recognise same-sex partnership inadmissible
View of the UN Human Rights Committee in E.H. v. Albania, a decision adopted in July 2023 and published on 28 November 2023.
The case involves a bi-national same-sex couple seeking recognition of their relationship in the State party. The Committee found the case inadmissible for failure to exhaust domestic remedies. Laurence R Helfer authored a joint dissenting opinion explaining that the Committee should have declared the case admissible and found violations of articles 17, 23 (1) and 26 of the ICCPR, read alone and in conjunction with article 2 (3).
Case Note: Jaroszyński T, Łacny J. Further Extension of Protection against Discrimination on Grounds of Sexual Orientation under Directive 2000/78/EC: Court of Justice (Second Chamber) 12 January 2023, Case C-356/21, J.K. v TP S.A., ECLI:EU:C:2023:9. European Constitutional Law Review. Published online 2023:1-19. doi:10.1017/S1574019623000184
USA: Federal judge blocks portions of Iowa book ban
US federal Judge Stephen Locher on Friday blocked key provisions of SF 496, an Iowa law prohibiting school libraries from distributing books containing LGBTQ+ and gender identity issues. Judge Locher stated that the law “sweeps so broadly,” that more than 500 books, including literary classics and self-help books, faced removal.
Iowa claimed that the selection of books contained in a library constituted “government speech.” Under the governmental speech doctrine, the government, “is entitled to say what it wishes and select the views it wants to express.” Government speech is not subject to First Amendment free speech protections given that the government functions by passing laws either “favoring or disfavoring” different positions.
Judge Locher rejected the claim. He cited several federal cases designating libraries as “limited public forums” subject to First Amendment scrutiny. As such, “the government may not impose unreasonable or viewpoint-specific restrictions.” Judge Locher stated that a total ban of a book in place of an age or parental permission restriction created an unreasonable burden on students.
The ACLU of Iowa, who represented the plaintiffs, praised the decision, stating that their clients are now “able to continue the school year free from the harm caused by this unconstitutional law.” Iowa Governor Kim Reynolds (R) responded to the ruling by saying that “[b]ooks containing sexually explicit content do not belong in a school library.”
SF 496 was passed in May and scheduled to go into effect on January 1. The law prohibited educators from raising gender identity and sexual orientation issues with students through grade six. The law also removes all books depicting sexual acts from school libraries. Religious books were exempted from the ban. Additionally, school administrators are required to notify a student’s parent(s) or guardian(s) if they changed their name or pronouns. This portion of the law remains in effect and was not blocked by Judge Locher’s order.
Several states have been sued over book ban laws. Texas is currently being sued for a “book rating system” that will grade a book based on its sexual content. Arkansas‘ book ban was halted by a federal judge in July for being overly vague. However, some states have passed laws banning book bans. Illinois passed a law in June that eliminated book bans, requiring public libraries in the state to ensure they offer a diverse range of materials.
The post US federal judge blocks portions of Iowa book ban appeared first on JURIST – News.
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 