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SOGI Casebook chapters Archives: Decriminalisation

National Coalition for Gay and Lesbian Equality v. Minister of Justice, Constitutional Court of South Africa (9 October 1998)

Procedural Posture The National Coalition for Gay and Lesbian Equality and the Human Rights Commission brought a lawsuit challenging the constitutionality of statutory and common law offences criminalising anal sex between consenting adult men (referred to as the “sodomy laws”). The High Court ruled the laws unconstitutional and invalid. The Constitutional Court reviewed the order […]

Concluding Observations, CCPR/C/79/Add.92, 27 July 1998: Ecuador

8. The Committee welcomes the information that the Constitutional Court has declared unconstitutional the criminalization of private homosexual relations between consenting adults and the law excluding persons charged under the Narcotics and Psychotropic Substances Act from the application of the new provisions on detention pending trial. Link to full text of the report: Concluding Observations-CCPR-Ecuador-1998-eng

Concluding Observations, CCPR/C/79/Add.88, 3 April 1998: Cyprus

11. The Committee notes with concern the discriminatory legal provisions which penalize homosexual acts and urges the State party to repeal them. Link to full text of the report: Concluding Observations-CCPR-Cyprus-1998-eng

Concluding Observations, A/53/38, paras. 354-427, 30 January 1998: Mexico

420. The Committee requests information in the next report on whether homosexuality is penalized in the criminal code. Link to full text of the report: Concluding Observations-CEDAW-Mexico-1998-eng

Case No. 111-97-TC, Constitutional Tribunal of Ecuador (27 November 1997)

Procedural Posture More than a thousand private citizens, many of them members of LGBT or human rights organisations, brought a public action challenging the constitutionality of the law criminalising same-sex sexual conduct. Facts Shortly before the public action was brought, more than one hundred homosexuals were arrested in the city of Cuenca. This episode triggered […]

Concluding Observations, A/52/38/Rev.1, paras. 306-343, 12 August 1997: Canada

310. Noting that Canada faced new domestic and global socio-economic challenges, the representative emphasized that Canada had taken decisive steps to provide women with an effective legal framework against discrimination. The Canadian Charter of Rights and Freedoms guaranteed equality before the law and under the law and the equal protection of the law to women […]