Statement by Edwin Cameron, Retired Justice, South African Constitutional Court: The President of Magdalen prosecutes a homophobic case to deny LGBTIQ persons in the Cayman Islands equal rights
Statement by Edwin Cameron, Retired Justice, South African Constitutional Court. The President of Magdalen prosecutes a homophobic case to deny LGBTIQ persons in the Cayman Islands equal rights. I express...
Czech Constitutional Court: No Recognition of Foreign Adoption by Same-Sex Couples
The recent decision of the Czech Constitutional Court (‘CCC’), Pl. ÚS 6/20, against allowing recognition of foreign adoption decisions in Czechia is harmful in outcome and evasive and formalistic in...
B and C v. Switzerland: Assessing the Risk of Ill-Treatment against LGBTIs in Deportation Cases
On 17 November 2020, the European Court of Human Rights (the Court) delivered B and C v. Switzerland, a case concerning the deportation of a homosexual Gambian national. While the...
The constitutionality of section 10 of the South African Equality Act: a case for balancing the rights to equality, dignity and freedom of expression
Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (“the Equality Act”) has not been without controversy and robust opprobrium. Since its inception, numerous legal academics...
On the grounds of sex’: SCOTUS brings sexual orientation within the ambit of Title VII
On June 15 2020, the US Supreme Court decided in Bostock v. Clayton County that Title VII of the 1964 Civil Rights Act forbids termination of employees because of their...
A Bittersweet Day: Two equality rights decisions handed down by the High Court of Hong Kong
In recent years, the Hong Kong courts have recognised the equality rights of various same-sex couples in a number of cases. On 18 September 2020, the Hong Kong High Court...
Transgender Persons Rules 2020: A Halfhearted Attempt at Redemption
Justice Chandrachud of the Indian Supreme Court, in the landmark Navtej Singh Johar judgment, opined that, “our ability to recognise others who are different is a sign of our own...
Bad blood? Belgian Constitutional Court rules on gay and bisexual blood ban
In September 2019, the Belgian Constitutional Court (‘BCC’) reviewed the constitutionality of a law setting up a 12-month blood donation deferral period for men who have sex with men (MSM)....
Discriminatory Torture of an LGBTI Person: Landmark Precedent Set by the Inter-American Court
Earlier this year, the Inter-American Court of Human Rights (IACtHR) issued a landmark judgment Azul Rojas Marín and Another v. Peru (Azul), in which Peru was found responsible for the...
Germany’s Ban on Conversion Therapy: One Step Forward and Two Steps Back
Conversion therapy (CT) is a constellation of medical, psychoanalytic, behavioural, religious techniques and interventions, that seek to alter an individual’s sexual orientation, gender identity and expression. It stigmatises same-sex attraction...
Hungarian Bill Obliterates Gender Recognition Rights
On 19th May 2020, the Hungarian parliament passed Bill T/9934. Article 33 of the Bill makes information on an individual’s gender marker legally immutable post-sex assignment at birth. In the...
Singaporean High Court upholds criminalisation of sexual intercourse between consenting males
On 30th March 2020, the High Court of Singapore upheld the constitutionality of Section 377A of the Singapore Penal Code, which criminalises consensual sexual intercourse between men. Broadly, the challenge...
