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SOGI Casebook chapters Archives: Military service

2008 Hun-Ga21 (Military Penal Code Article 92), Constitutional Court of South Korea (31 March 2011)

Procedural Posture A platoon sergeant was indicted under Article 92 of the Military Penal Code on the grounds that he had had a sexual relationship with another service member. The military court recommended that the constitutionality of Article 92 be reviewed by the Constitutional Court. Proceedings were suspended until resolution of the constitutional question. The […]

Log Cabin Republicans v. United States, United States District Court for the Central District of California (12 October 2010)

Procedural Posture Constitutional challenge to the federal “Don’t Ask, Don’t Tell” Act (DADT) brought by Log Cabin Republicans, a civil society organisation advocating equal rights for gays and lesbians. Issue Whether DADT, which required the discharge of service members for same-sex sexual activity or for disclosing their sexual orientation, violated the right to privacy under […]

Sentencia 00926-2007-AA, Constitutional Tribunal of Peru (3 November 2009)

Procedural Posture The plaintiff filed an amparo action against the police school’s decision to expel him. The 47th Civil Court of Lima dismissed the amparo and the Lima Superior Court confirmed the dismissal. The plaintiff then appealed to the Constitutional Tribunal. Facts The plaintiff was a student at the police academy. On 13 October 2003, […]

Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, A/HRC/4/27/Add.1, 26 March 2007: Turkey

Follow–up to previously transmitted communications 680. By letter dated 20 February 2006, the Government of Turkey replied to the communication of 22 June 2005 concerning the case of Mr Mehmet Tarhan. The Government stated that the Military Court of the 5th Infantry Training Brigade Command convicted Mehmet Tarhan on the two insubordination charges and sentenced […]

Sentencia 0023-2003-AI/TC, Constitutional Tribunal of Peru (9 June 2004)

Procedural Posture The Ombudsman’s Office filed a motion with the Constitutional Tribunal, challenging the constitutionality of Article 269 of the Military Justice Code, which prohibited same-sex sexual activity within the military. Issue Whether the provision prohibiting homosexual conduct within the military violated the rights to human dignity and to equality before the law. Domestic Law […]

Sentencia C-507/99, Constitutional Court of Colombia (14 July 1999)

Procedural Posture Constitutional challenge to the disciplinary regulations of the Colombian Army. Issue Whether it was lawful to discipline soldiers on active duty on the grounds that they lived in concubinage or adultery, associated with “anti-social” elements such as homosexuals or prostitutes, or practiced homosexuality or prostitution. Domestic Law Constitution of Colombia, Article 1 (respect […]