Bi-Monthly Legal News[Beyond Asia]

 International Updates

Beyond Asia

• US reinstates global ‘gag rule’

  The President of the United States in January signed into law an executive order reviving a policy that prohibits US aid to groups which engage with abortion, be it providing, offering counseling, advocating for abortion law reform or providing referrals. Under this rule organizations will be disqualified from receiving US assistance if they use their own funds to provide abortion-related information and services that are legal in their own country. This damaging policy has far-reaching implications and affects women’s choices regarding their reproduction and sexuality rights. Source: http://bit.ly/2kl9zIw

• Finland legalizes same-sex marriages

  Finland in March joined 13 European countries which have marriage-equality laws. Same-sex couples in the country will now be able to marry and adopt children. The move was opposed by far-right groups but the Parliament voted with a large majority to uphold the law.  Source: http://bit.ly/2lSewMF

• US withdraws guidance instructing schools to respect gender-identity of queer students

  The Trump administration in February revoked guidance issued by the previous administration which affirms legislation prohibiting discrimination against transgender students. The earlier guidance had specified that schools receiving federal funding must ensure students can access bathrooms and locker rooms freely. Students in schools without the guidance had expressed how they face verbal, physical and sexual harassment. Source: http://bit.ly/2lIYLaY

• British heterosexual couple loses battle over the right to have a civil partnership instead of ‘patriarchal’ marriage

  A British couple lost their Court of Appeal battle for the right to enter into a civil partnership instead of marriage, which they consider to have patriarchal baggage. As per the Civil Partnership Act of 2004, only same-sex couples are eligible to enter civil partnership in the UK. A government representative said that a decision had not yet been taken whether to extend civil partnerships to opposite-sex couples, abolish them or phase them out. After a couple of public consultations and a debate in Parliament, it was decided to see the effect of extending marriage to same-sex couples had on civil partnerships before making a final decision. He described the judge’s decision as “unimpeachable”. Source: http://ind.pn/2m74Sn8

• Utah Repeals No Promo Homo Law

  Utah has repealed “no promo homo” laws restricting discussions of homosexuality in schools, recognising that the laws are discriminatory and harmful. The provision prohibiting “advocacy of homosexuality” in schools was vague in its description and was applied in many schools to silence any discussion of LGBT topics. The law discouraged school personnel from intervening to stop bullying and harassment, deterred teachers from providing basic information, and limited students’ ability to form and organize LGBT groups.
  Source: http://bit.ly/2qRXfn2

• UK Companies must Declare Gender Pay Gap

  New Regulations under the UK Equality Act make it compulsory for any organisation that has 250 or more employees to publish and report specific figures about their gender pay gap from 2017. Companies have been asked to submit their reports by 2018 and if they fail to do so they will be contacted by the Equalities and Human Rights Commission. Companies that discover they do have a gender pay gap will be encouraged to publish an action plan alongside the figures detailing the steps they plan to take to address the problem.

   

  Source: http://bbc.in/2o515d8

• Report on Women’s Rights in Africa launched

  The United Nations Human Rights office, together with African Union and UN Women, released a report on women’s rights in Africa. This is the first report in a series of analytical reports on the situation of women human rights on the continent that will be issued periodically and is to be read in conjunction with existing African Union reports on women’s human rights . The report assesses progress in relation to specific thematic areas such as sexual and reproductive health rights, albinism, violence, peace and security.  Among its recommendations, the report calls on African governments to encourage women’s full and productive employment, to recognize the importance of unpaid care and domestic work, and  take steps to reduce high maternal mortality rate, sexual violence, human trafficking, unsafe abortions, and HIV infections.

• European Union court allows religious symbol bans

  The European Court of Justice has ruled that companies may bar staff from wearing Islamic headscarves and other visible religious symbols under certain conditions, setting off a storm of complaint from rights groups and religious leaders. In its first ruling on a volatile political issue across Europe, the Court of Justice (ECJ) found a Belgian firm which had a rule barring employees who dealt with customers from wearing visible religious and political symbols may not have discriminated against a receptionist dismissed for wearing a headscarf. A campaign group backing the women said the ruling could shut many Muslim women out of the workforce.

   

  Source: http://bit.ly/2pVJLIZ, http://bit.ly/2pVJLIZ

  Link to Case: http://bit.ly/2qRMVM1 and http://bit.ly/2qIMhmu

• European Court of Human Rights ends Forced Sterilisation

  The European Court of Human Rights found that sterilisation requirement in legal gender recognition violates human rights. Setting the legal precedent for Europe, the decision will force 22 European countries using the infertility requirement from a person seeking legal gender recognition, to change their laws. This historic decision is delivered in three joined cases against France about the lack of self-determination of transgender individuals in the country. The court, however, denied that forced medical examinations ordered by the national court or a mental health diagnosis contradict the Convention, which has upset transgender activists.

   

  Source: http://bit.ly/2qgXpaL and http://bit.ly/2qRTq0m

• Sweden to Compensate Trans persons forced to undergo Sterilization

  The Swedish Minister for Public Health announced that the Swedish government has agreed to financially compensate forcibly sterilised trans people with the amount of $26000  each. The compensation will be available for anyone who was forcibly sterilised by the Swedish state from 1972-2013 in order to comply with the previous requirements in the Swedish legal gender recognition act. It’s believed that nearly 800 people were affected by the law. The decision was welcomed by Transgender Europe (an organizations working exclusively on Transgender rights in Europe), as the first time-ever when a state has recognized forced sterilization of transgender persons as a human right violation.

   

  Source: http://bit.ly/2mPZ31q

• African Union officially endorses Pan African Women’s Charter on Land Rights

  The 9th Annual African Union (AU) Gender Pre-Summit held in Addis Abba officially endorsed the charter of demands initiated from the mass assembly of rural women. The charter, which includes 15 specific demands addresses women’s access to use, control, own, inherit and dispose of their land and natural resources. The move has been welcomed by women’s rights activists who believe that although there is no binding element to political action for Governments of the AU, the historic endorsement is a step in the right direction to help organisations working on women’s land rights to continue their mobilisation efforts

   

  Source: http://bit.ly/2pqNWN5 and Charter: http://bit.ly/2pSBuF8

• US Court Of Appeals hold that Companies cannot discriminate Against LGBTI persons

  The full 7th U.S. Circuit Court of Appeals in Chicago recently ruled that Companies cannot discriminate against their LGBT employees because of their sexual orientation. The Court observed that discrimination on the grounds of sexual orientation amounts to sexual discrimination, and therefore is covered under existing federal law known as the Civil Rights Act. The judge observed “I don’t see why firing a lesbian because she is in the subset of women who are lesbian should be thought any less a form of sex discrimination than firing a woman because she’s a woman.” The ruling has been termed as a game-changer and is a step forward in protecting persons on the basis of Sexual Orientation and Gender Identity (SOGI).
  Read more at: http://bit.ly/2oRcQFA and Judgment: http://bit.ly/2pmjTSN

• Egypt enacts law to regulate civil society, continues crackdown on foreign funded NGOs

  The Egypt has enacted a law to regulate civil society organisations, requiring them to seek permission from “a state appointed administrative entity” to carry out their operations. The administrative entity will have the power to determine whether an NGO’s work is in line with the Government’s development and social welfare plans. Civil society groups will be required to report on information about their funding, activities and programmes and seek permission from the authorities for activities, including conducting surveys. NGOs will require government permission before working with foreign organisations. Non-compliance with some provisions of the law can result in criminal prosecution. The law is likely to result in the closure of several CSOs, despite growing need for essential services delivered by them, including education and health care.

  In a parallel but related development, the Cairo Criminal Court passed an interim order for freezing assets of Nazra for Feminist Studies, a  women’s human rights organisation, in the ten year old case “NGO foreign funding”. Several cases that had been instituted against pro-democracy NGOs in 2011 post the Arab Spring. Some of these cases  lying dormant were revived by the Cairo Criminal Court in 2016 at the instance of the state, illustrate the global trend in authoritarianism that seeks to stifle independent voices and information on human rights.

  Source: http://bit.ly/2sFFFmF; http://bit.ly/2tyf8L8

• German parliament and New York state enact law prohibiting child marriage

  The state of New York has enacted a new law prohibiting  marriage for 14-16 year olds, while permitting 17 year olds to marry with parental and judicial consent. Under the previous law, the minimum age for marriage in New York was 18, but the law allowed children of 16 and 17 to marry with parental approval, and children of 14 and 15 to marry with permission from a judge and their parents.

  Adopting a different position, German legislature has enacted a new law which completely prohibits marriage of those below 18 years of age. Earlier, adolescents in the age group of 16-17 could marry with court permission. This legislation also nullifies existing marriages involving minor parties who were under the age of 16 at the time of marriage. Commentators believe that this is intended to target marriages solemnised outside of Germany, particularly in immigrant communities. The law allows for exceptions in cases of “hardship” in which the initially underage spouse has since reached adulthood and confirms that they want to remain married.

  Source: http://bit.ly/2rH6nO3; http://bit.ly/2sQ2SUn

• Chad: Special Tribunal convicts Hissène Habré of war crimes

  A special tribunal in Senegal sentenced the former dictator of Chad to life imprisonment for crimes against humanity, war crimes, and torture, including sexual slavery, sexual violence, and rape, from 1982 to 1990. During his tenure, Habréused the police and the army to spread terror among the population. Thousands were tortured and murdered, and great numbers of women and girls were subjected to sexual torture, and sexual slavery.

  Significantly, this is the first time that a court in Africa not set up by the United Nations has found that rape and sexual violence committed against women and girls constitute a form of torture.

  Source: http://bit.ly/2v1kagP

• Canada’s new foreign aid policy puts focus on women, rights

  Canada has released a new International Assistance Policy, which aims to direct 15 percent of all Canadian aid to gender equality programs, compared to 2 percent in 2015-2016.The new policy focuses ongender equality, human dignity, inclusive growth, environment and climate action, inclusive governance, and peace and security.

  Significantly, all projects, regardless of sectors, will have to integrate a gender equality and women’s empowerment component, and Canada’s implementing partners will have to consult with women locally and include them in the decision-making process when launching new programs.

  Source: http://bit.ly/2rgCOzX

• Turkey: Disallowing married women from using just their maiden name is discriminatory, rules ECHR

  In the case of Leventoğlu Abdulkadiroğlu v. Turkey, the European Court of Human Rights has unanimously held that disallowing married women from using their maiden name alone amounts to a violation of the right to respect for private and family life, and the right against discrimination enshrined in the European Convention on Human Rights. Turkish laws compel women to adopt their husband’s surname, while men can continue to use their original surnames after marriage. In this case, the ECHR awarded damages to each of the affected women, who had approached the court seeking relief.

  Source: http://bit.ly/2tF6Nn2

• Hungary enacts law to regulate foreign-funded NGOs

  The Hungarian parliament has approved a law that imposes strict regulations on foreign funded NGOs in the country. Ostensibly passed to curb money laundering and terrorism funding, it is believed that the law will be used to stifle dissent, discriminate, and delegitimize NGOs.

  The new law requires that organisations that receive more than €24,000 a year as foreign funds should register as “foreign-supported organisation.” They will be required to list any foreign sponsors providing them with more than about $1,800 a year. Such NGOs will be labelled as “foreign-funded” in every public appearance.  The reporting requirements for foreign funded NGOs have been enhanced, and the Rules provide for closure in case of non-compliance.

  Source: http://reut.rs/2s6cwSb

• Russia’s law against promotion of non-tradition sexual relations breaches human rights, rules ECHR

  In a landmark judgment of Bayev and Others v. Russia, the European Court of Human Rights has ruled that a Russian law banning the “propaganda of non-traditional sexual relations aimed at minors” breached European treaty rules. This law was often invoked to refuse permission for LGBTI parades, and harass LGBTI rights activists.

  Noting that the law reinforces stigma, and encourages homophobia, The ECHR held that it was violative of the right to freedom of speech, and prohibition against discrimination under the European Convention on Human Rights.

  Source: http://bit.ly/2u35mkU

• US Court issues landmark ruling in favour of a trans student

  In the case of Ashton Whitaker v. Kenosha Unified School District, the Seventh Circuit Court of Appeals unanimously ruled that a school district violated the rights of a trans student, when it refused to let him use the restroom comporting with his gender identity. The school staff and security had been instructed to prevent him from using the boys’ restroom, according to his complaint. The Court unanimously upheld a preliminary injunction against the school, in the absence of any evidence that such an injunction would inconvenience the school district authorities.

  Source: http://bit.ly/2v1qsx9

• SCOTUS partially upholds Trump’s ban on refugees from Muslim countries

  The Supreme Court of the United States revived parts of a travel ban imposed by the President Trump on people from six Muslim-majority countries. Although patently discriminatory, Trump defended the travel ban on grounds of national security. The travel ban had been completely stayed by a lower court earlier. The Fourth Circuit Court of Appeals had upheld a preliminary injunction on Trump’s travel ban. In doing so, the Court had heavily drawn from the often polarising statements made by Trump in his TV appearances and public speeches.  Citing his interviews published in the media, where he’d made comments about the ‘horrible treatment’ of Christian refugees, and had categorically stated his intention to help Christian refugees, the Court had held that the travel ban was intended to disfavour followers of Islam while giving preference to Christian refugees.

  In appeal, the SCOTUS partially reinstated the ban with respect to persons who did not have strong ties with any person or entity in the USA.

  Source: http://bit.ly/2rWWcWs

• Texas enacts law shielding discriminatory child welfare services providers

  Texas has enacted a law that enables child welfare agencies that discriminate on the basis of sexual orientation, gender identity, marital status, or religion of prospective parents, on the grounds of ‘sincerely held religious beliefs’, to continue to receive state financial support. The law additionally shields service providers that refuse to help youth find contraception or abortion services. The bill has been criticised not only because it legitimises discrimination against qualified prospective parents, but also because it jeopardizes the best interests of children who would benefit from a stable, loving home. Similar laws have been passed in South Dakota and Alabama in 2017.

  Source: http://bit.ly/2uGPsuj

• Bermuda Supreme Court upholds legality of same-sex marriage

  The Bermuda Supreme Court has ruled that same-sex couples are entitled to be married under the Marriage Act of the territory. The notice of intended marriage of the petitioner and his fiance had been rejected by the Registrar. The court held that such rejection amounted to unlawful discrimination on the basis of sexual orientation. Terming the perspective of marriage being predicated upon heterosexual procreation and marriage being the main and most effective means of rearing healthy, happy, and well-adjusted children as “insular,” the court opined that it was out of step with the Bermuda of the 21st century.

• New SOGIE guidelines announced by Canadian Immigration and Refugee Board

  Canada’s Immigration and Refugee Board (IRB) has published guidelines on screening asylum seekers who have fled their countries for reasons involving sexual orientation, gender identity, and gender expression. The guidelines also emphasise the need to respect the specific cultural variability among sexual and gender minorities seeking asylum, that may make furnishing proof of sexual orientation and gender identity difficult.

  Source: http://bit.ly/2pdsHKx

• Guardianship system marginally relaxed in Saudi Arabia

  Saudi Arabia’s King Salman has issued an order to all government agencies that women should not be denied access to government services on the ground of lack of a male guardian’s consent. While this order provides some respite from the restrictive guardianship system for women in Saudi Arabia, it appears to keep in place regulations that explicitly require a guardian’s approval, such as obtaining a passport, travelling abroad, or getting married. It also does not address areas where private entities seek a guardian’s consent before providing employment or medical services to women.

  Source: http://bit.ly/2sFQVzu; http://bit.ly/2qUN3cL

• Law privileging transmission of citizenship by unwed mother to child, as compared to fathers unconstitutional, rules SCOTUS

  In its judgment in the case of Sessions, Attorney General v. Morales Sanatana, the Supreme Court of USA (SCOTUS) has held that the provisions The Immigration and Nationality Act, which privilege unwed mothers who are US citizens over unwed fathers who are US citizens in determining whether their children may claim citizenship, are discriminatory. Under this law, children of unwed fathers are required to prove that their father lived in the U.S. for at least 10 years, five of them after the age of 14, in order to claim American citizenship. However, children of unwed mothers are only required to show that their mother lived in the US for one continuous year at any point in her life. The court stated that the law was rooted in overbroad generalisations about gender roles. However, the Court denied relief to the respondent, by holding that the standard applicable to unwed fathers should also be applicable to unwed mothers, thus tightening the citizenship laws.

  Source: http://nyti.ms/2sW24g7

• Canadian Parliament to criminalise hate propaganda against gender variant persons

  Canadian Parliament has cleared the bill C-16, which amends the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination. It also amends the Criminal Code to extend the protection against hate propaganda to any persons who are distinguished by gender identity or expression. The bill also states that offences motivated by bias, prejudice or hate based on gender identity or expression constitutes an aggravating circumstance for the purposes of sentencing.

• Chile Senate approves gender identity bill

  The Senate of Chile has approved the Gender Identity Bill, which lays down the procedure for amending the name and gender markers directly in the Civil Registration Office. The Bill also reaffirms gender identity among the prohibited grounds for discrimination. However, the bill has been criticised as it does not recognise the right of children and adolescents to change their gender markers. Moreover, the provisions require a medical certificate to prove  psychological and psychiatric conditions before change of name/ gender marker is approved.

  Source: http://bit.ly/2tEMTZJ

• Marriage with rapist no longer a basis for exonerating the offence of rape in Jordan, Lebanon, Tunsia and El Salvador

  The provision that allowed rapists to escape penalty by marrying their victims was repealed by Jordan, Lebanon, Tunisia and El Salvador in their respective legislations. For many years, civil society activists had pointed out how the provision was often misused, especially in poor, rural areas where parents married their minor pregnant daughters to rapists in order to avoid shame, and fear of bringing up the child alone.Some believed this provision was necessary for the protection of women’s honour while civil society activists and women’s rights groups saw this as gross violation of human rights. The move to repeal the provision was hailed as a major human rights victory by activists and women’s rights groups.

  Sources:http://www.aljazeera.com/indepth/features/2017/08/day-jordanian-parliament-repeals-rape-law-170801103929836.html

  http://www.aljazeera.com/news/2017/08/lebanon-scraps-controversial-rape-law-campaign-170816134743208.html

  http://www.middleeasteye.net/news/tunisia-passes-law-end-all-violence-against-women-334768932

  http://news.trust.org/item/20170818001406-j6uul/

• Amendment to Sierra Leone’s Citizenship Act

  The Sierra Leone legislature has amended its Citizenship Act to allow both women and men equal rights in conferring nationality on their children. Prior to this critical reform, the Citizenship Act of 1973 denied the children of Sierra Leonean women who were born abroad the right to acquire citizenship of Sierra Leone. The right was only reserved for children of male citizens. This reform is a critical step towards ending statelessness and an obligation under the international Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

  Source:http://wunrn.com/2017/07/sierra-leone-enshrines-equal-right-of-women-to-pass-nationality-to-children/

• Kenyan legislature amends education law, obliges state schools to distribute sanitary pads

  The Kenyan legislature has amended the Basic Education Act, which places an obligation upon the government to provide “free, sufficient and quality” sanitary pads to girls in state schools. The amendment comes after a long campaign by school girls to make sanitary pads free, given that lack of access to menstrual hygiene products is said to be one of primary reasons for low attendance and a high drop-out rate among adolescent school girls in Kenya.

  http://wunrn.com/2017/08/kenya-girls-secure-historic-law-for-free-sanitary-pads-in-state-schools/

• ACHPR adopts Resolution 376 on the Situation of Human Rights Defenders in Africa

  The African Commission on Human and People’s Rights has adopted Resolution 376 on the situation of human rights defenders in Africa. The resolution recognizes widespread violation of rights of human rights defenders and their family members, who are routinely subjected to violations such as unlawful detention, acts of torture, extrajudicial and summary execution, enforced disappearance, and are forced to go into exile. It calls upon member states to enact laws in conformity with the UDHR, to recognise the status of human rights defenders, and protect their rights, and refrain from using the fight against terrorism as a pretext to restrict fundamental freedoms. The resolution has been adopted in the backdrop of a global suppression of NGOs and organisations working in the human rights space by authoritarian governments, through financial and other means.

  http://www.achpr.org/sessions/60th/resolutions/376/

   

• US Fifth Circuit lifts court order against ‘religious freedom’ law in Mississippi

  The US Fifth Circuit Court of Appeals has lifted a court order against a ‘religious freedom’ law in Mississippi that will facilitate extensive anti-LGBT discriminatory practices, citing the technical issue of lack of standing for plaintiffs. The Court issued a verdict allowing for the implementation of HB 1523 which had been blocked as a result of an earlier court order. HB 1523 had been signed by the governor last year and enabled individuals and businesses to discriminate against LGBT people in the name of “religious freedom.” The law prohibits the state from taking action against religious organizations that decline employment, housing or services to same-sex couples; families who’ve adopted a foster child and wish to act in opposition to same-sex marriage; and individuals who offer wedding services and decline to facilitate a same-sex wedding. Furthermore, it allows individuals working in medical services to decline a transgender person gender reassignment surgery.

  Source: http://equal-eyes.org/database/2017/6/23/us-5th-circuit-rules-for-mississippi-anti-lgbt-religious-freedom-law

• Rhode Island Legislature passes bill to protect youth from ‘conversion therapy’

  The Rhode Island legislature passed a bill which protects minors from ‘conversion therapy’- sometimes referred to as “sexual orientation change efforts” or “reparative therapy” that seek to change an individual’s sexual orientation or gender identity and expression. These practices are based on the false understanding that being LGBTQ is a psychological illness that needs to be cured- a claim that has been rejected a number of times by medical professionals. On the contrary, research has shown that such practices have a long-term devastating health risks for individuals such as depression, decreased self-esteem, substance abuse and even suicidal behaviour. Such practices are nothing short of social and psychological torture for children.

  After clearing the House, House Bill (HB) 5277 passed through the Senate and will now proceed to the governor’s desk. Rhode Island may become the eleventh jurisdiction – and the fourth state in the current year – to enact these crucially important protections. Connecticut, California, Nevada, New Jersey, the District of Columbia, Oregon, Illinois, Vermont, New York, and New Mexico all have laws or regulations protecting youth from this abusive practice.

   

  Source:http://www.hrc.org/blog/rhode-island-legislature-passes-bill-banning-conversion-therapy

• Haiti Senate votes to ban gay marriage

  The Haiti senate has voted to not only criminalise gay marriage, but also any public demonstration of support for homosexuality. The approved bill, which is yet to be signed into law, states that parties, co-parties and accomplices of a homosexual marriage can be punished by three years in prison and a fine of about USD 8,000. The bill also criminalises “any public demonstration of support for homosexuality and proselytizing in favour of such acts.” The ambiguous wordings of the bill have raised concerns about the impact that such a law may have on the rights of homosexual persons in Haiti.

  https://www.nbcnews.com/feature/nbc-out/haiti-may-ban-gay-marriage-public-support-lgbtq-rights-n790791

• Dominican Republic Parliament rejects amendment to abortion law

  The Parliament of the Dominican Republic has rejected an amendment to the Penal Code, which sought to criminalise all abortions under any circumstances, except to save the life of the pregnant woman after all efforts to save both her and the foetus have failed. The President had earlier vetoed this amendment on the ground that any amendment to the abortion law must provider wider grounds for abortion. While the amendment was approved by a majority of the legislators, it failed to meet the special majority standard required to pass a law that had already been vetoed by the President. Although the vote is said to be a victory for women’s right to bodily autonomy in the Dominican Republic, the current law continues to be severely prohibitive in nature, as it prohibits termination of pregnancy in all circumstances.

  http://www.safeabortionwomensright.org/major-victory-for-women-in-dominican-republic-as-penal-code-fails-to-pass/

• Chile court revokes complete ban on abortion

  The Chilean Constitutional Tribunal upheld women’s rights when it ruled that a new law which seeks to end complete criminalisation of abortion in Chileis constitutionalChile’s abortion law was amended in August, 2017 to decriminalize abortion in the limited circumstances of life of risk to the life of the pregnant woman or girl; pregnancy resulting from rape; or non-viability of the fetus, but was challenged immediately thereafter in Court for being unconstitutional.

  Under articles 342 (3) and 344 of the old law, an abortion initiated by a pregnant woman or another person was punishable by up to five years in prison, irrespective of the grounds for the same. Before the adoption of the new law and the court’s ruling, Chile was one of very few countries in the world where abortion is criminalized with no exceptions.

   

  Source: https://www.hrw.org/news/2017/08/21/chile-key-ruling-ease-abortion-restrictions

• Colombia legally recognizes union between three men

  A public notary in Medellín has authorized the union between three men, declaring that the three of them constitute a family and are each others’ legal partners. Colombia’s constitutional court approved marriage equality in 2016, and had in 2015 granted same-sex couples the same adoption rights as heterosexuals. However, such moves have invited a backlash from conservatives, who this year attempted to trigger a referendum to overturn the adoption ruling. Attempts have also been made for a disciplinary investigation into the Medellín notary who legalized the union.

   

  Source:https://www.theguardian.com/world/2017/jul/03/colombia-three-men-union-alejandro-rodriguez-manuel-bermudez-victor-hugo-prada

• States in Mexico allow gender self-determination

  Nayarit became the third state after Michoacan and Mexico City to allow changes in birth certificates due to gender identity reasons. The law reform will allow transgender people to request and initiate changes in their birth certificates at civil registry and municipal offices. The new law also specifies that no civil registry judge will be able to deny requests for reasons of conscience.

   

  Sources: http://desastre.mx/mexico/aprueban-ley-de-identidad-de-genero-en-michoacan/

  http://mexiconewsdaily.com/news/state-allows-changes-to-birth-certificates/

• New Zealand introduces Bill to clear historic homosexual convictions

  The Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill was introduced in the Parliament. If passed, this law will permit men convicted of consensual homosexual conduct, or the families of such men who have since died, to seek the deletion of their conviction from official records. Further decision will be taken on a case-by-case basis by the Secretary for Justice to determine whether the specific conviction would still be considered illegal today. The Bill was first presented to the Parliament after a petition by Wiremu Demchick acquired 2100 signatures.

  Source:http://www.gayexpress.co.nz/2017/06/nz-one-step-closer-wiping-historic-homosexual-convictions/

• Bundestag votes in the favour of same-sex marriage

  German MPs voted to legalise same-sex marriage by 393 to 226 votes at the German parliament Bundestag. The vote had four abstentions and was followed by debates reflecting age-old arguments over marriage equality. Since 2001, same-sex couples in Germany have been able to enter into civil unions, but were not allowed to marry. The new law, which is expected to take effect before the end of the year, will also allow married, same-sex couples to adopt children.

   

  Sources: https://www.theguardian.com/world/2017/jun/30/germany-poised-legalise-same-sex-marriage-bill-law

  http://www.dw.com/en/germanys-bundestag-passes-bill-on-same-sex-marriage/a-39483785

• Maltese Government rejects Nationalist Party’s Marriage Equality Bill proposals

  The Maltese government has declined the Nationalist Party’s (NP) proposed amendments to the Marriage Equality Bill which wanted to retain the terms ‘mother’, ‘father’, ‘husband’ and ‘wife’ in Maltese law while inserting the terms ‘parent’ and ‘spouse’. Malta’s Equality minister said that such modifications “implicitly undermine the concept of equality and create distinctions between different couples”. The opposition minister from NP criticised the move to abolish terms like ‘mother’, ‘father’, ‘husband’ and ‘wife’ from the Maltese law entirely in the favour of gender-neutral terms such as ‘spouse’ and ‘parent’. However, Maltese Prime Minister said that he will not accept any recommendations to the Bill by the NP that distinguishes between homosexual and heterosexual people in any manner and refused to accept amendments that “defeat the purpose of equality”.

  Source:http://www.maltatoday.com.mt/news/national/78581/government_promptly_rejects_pns_marriage_equality_bill_proposals#.WYlF_BWGM2w

• Denmark approves same-sex marriage in the Faroe Islands

  The Faroe Islands became the final Nordic country to recognise marriage equality and legalise same-sex marriage. The islands, regarded as a territory of Denmark, had authorized same-sex marriage the previous year itself but required a change in law for its legislation from the government of Denmark in order for it to be put into practice. The Danish Parliament approved the legislation to allow for the islands’ rule, in a vote approval of 108-0.

  The Faroese legislation did not include religious weddings as they feared that the Christian population might oppose the measure for legalising same-sex marriage.

  Source: http://equal-eyes.org/database/2017/6/20/denmark-approves-same-sex-marriage-in-the-faroe-islands

• Ukraine amends disclosure law, tightens grip over NGOs

  The Ukrainian government amended its e-declaration law on financial disclosures, to include all non-governmental organisations. The law mandates stringent reporting requirements with respect to the funding and expenditure of NGOs. Earlier in the year, the legislature had enacted another law, purportedly for curbing corruption, which requires anti-corruption activists to register their assets. It also made investigative journalists who regularly expose corruption, foreign board members who oversee NGOs with anticorruption programs, and even subcontractors who supply NGOs with water and other everyday items subject to the disclosure law. This move is being seen as a continuation of the larger global trend of NGOs coming under greater scrutiny of State governments, including Egypt and Hungary that seek to suppress all forms of dissent.

  Sources: https://www.ft.com/content/a4144300-13c1-11e7-80f4-13e067d5072c

  http://www.atlanticcouncil.org/blogs/ukrainealert/exclusive-ukraine-walks-back-disclosure-law-on-ngos

• Tunisia lifts decade-old ban that prohibited Muslim women from marrying non-Muslim men

  Tunisia recently abolished an archaic law which prohibited a Muslim woman from marrying a non-Muslim man. The move comes as part of a larger movement to empower women by enabling them to freely choose a spouse. Before this amendment, non-Muslim men wishing to marry a Muslim woman were required to convert to Islam prior to the union for it to be legally recognized.

  Source: http://bit.ly/2fpyiLR

• Married persons can change gender identity without divorce, rules Western Cape High Court

  The Western Cape High Court has ruled that individuals in legally-recognized marriages may amend their gender identification and update all legal documents without dissolving their marriage. The case centered on three women and their female spouses who pursued the department of Home Affairs in court after having their applications to change their gender identities rejected. The couples were married under the 1961 Marriage Act, which pertains to heterosexual unions, while same-sex marriages are only recognized under the 2006 Civil Union Act.

  Prior to this ruling, married individuals who wished to legally change their gender identity were required to divorce their spouse in order to avoid same-sex marriage. The Western Cape High Court Judge emphasized on the importance of the Alteration of the Sex Description Act that should be implemented in a manner compliant with the Constitution of South Africa to respect the lives and ensure the right to identity of transgender persons.

  Sources: http://bit.ly/2iLbiLN; http://bit.ly/2gMNnHj

• Botswana Court directs the National Registrar to change the identity from female to male to reflect applicant’s chosen gender identity.

  The Lobatse High Court passed a ruling in a case against the Registrar of National Registration for the refusal to change a gender marker on a man’s official documentation. The judge declared that the refusal held no ground and violated the individual’s right to expression, legal protection, dignity, and freedom from discrimination. As such, it was ruled that the gender identity marking on the man’s official documentation be changed immediately from female to male to reflect his personal expression. The judge held that the failure of the state to formally recognize the man’s gender identity is a denial of his fundamental right to protection and respect by the state and has caused significant trauma.

  Source: http://bit.ly/2iLyb1m

• Tunisia and Kenya move towards abolishing forced anal examinations to determine sexual orientation

  At the 36^th session of the Human Rights Council, Tunisia accepted the recommendation to ban forced anal examinations as means of determining sexual orientation. The State Minister declared that authorities will no longer be permitted to impose these examinations without consent of the individual involved. While judges and authorities may still recommend the examination, ‘suspects’ are entitled to reject such directions without the inviting aspersions of homosexuality. Following the revolution against dictatorship in 2011, the country has been moving towards democracy and with that, enhanced respect for and protection of the LGBT community. However, same-sex activity remains punishable by three years of incarceration.

  In a similar move, the Kenyan Medical Association (KMA), issued a statement in support of the Gay and Lesbian Human Rights Commission (NGLHRC) campaign against forced anal examinations in Kenya. The statement comes in the wake of a Governing Council Meeting wherein the NGLHRC concerns were voiced. The KMA statement resolved to condemn and discourage any form of forced examination of clients, advice practitioners to adhere to the Code of Ethics and Professional Conduct in all client interactions, call on the National Government to ensure safe and secure health-care environments, and organize a forum on the health needs of the LGBTIQ community.

  Sources:  http://bit.ly/2gM58qe; http://bit.ly/2zPYzdU

• USA enacts Women, Peace and Security Act

  The USA has enacted the Women, Peace and Security Act, 2017, which seeks to strengthen efforts to prevent, mitigate, and resolve conflict by increasing women’s participation in negotiation and mediation processes. The Act mandates the creation of a government-wide strategy towards this end. It also requires training for diplomats, development professionals, and security personnel to support the inclusion of female negotiators, mediators, and peace builders. To promote accountability, it imposes reporting requirements on several federal agencies, including the Departments of State, Defense, Homeland Security, and USAID.

  Sources: http://bit.ly/2ydf6uS; http://on.cfr.org/2ylZ4P1

• United States formulates rules to jeopardize women’s access to contraception

  The US administration issued two rules endangering women’s access to affordable contraception. The first rule offers an exemption to employers to facilitate access to contraception based on religious beliefs (an allowance already instated for religious employers); the second provides a similar allowance to both for and non-profits organizations and universities for “moral convictions”. These rules essentially reverse the Affordable Care Act (ACA) established under the previous President’s administration, which required insurance coverage to include contraception. The interim final rules become effective immediately upon publication.

  Source: http://bit.ly/2ikyrAJ

• Child sex offenders to be named as such in US passports

  Registered child sex offenders in the US will now have to acquire passports that would identify them for their previous crimes when travelling overseas. The US State Department will revoke the passports of registered sex offenders; they will then be required to apply for a new passport which would carry a “unique identifier” of their status.The State Department said the language in the passports “will not prevent covered sex offenders from departing the United States, nor will it affect the validity of their passports.”  The move has drawn severe criticism as this change will limit the ability of those affected to lawfully travel abroad.

  Source: http://bit.ly/2AJTeGd

• The United States Court of Appeals refuses to reconsider anti-LGBT law

  The 5^th United States Circuit Court of Appeals refused a recommendation to reconsider challenges to bill HB1523, also known as the Religious Beliefs Accommodations Act, which was passed in Mississippi and advocates for increased legal protection for three religious beliefs: marriage is between a woman and a man, non-heterosexual relations should be condemned, and gender identity must correspond to birth-given sex indicator.The law grants special rights to individuals who hold these convictions and explicitly permits discrimination against LGBTQ people should their religion demand. The court upheld the law on the grounds of respecting the right to freedom of religion, and lack of standing as the plaintiffs could not show any real incidents of discrimination based upon the bill.  The plaintiffs who initially sought Court of Appeal reconsideration of the bill will now move to the Supreme Court to rule on the bill’s constitutionality. Should the Supreme Court deny review, HB1523 will come into effect.

  Barber v. Bryant No. 16-60477, No. 16-60478

  Source: http://bit.ly/2yeHCxp

• 7th Circuit Court upholds Chicago’s public-nudity law against bare-chested women

  The Seventh US Circuit Court of Appeals has preliminarily dismissed an appeal against the public-nudity law of Chicago, which bans women from exposing their breasts in public, except when breastfeeding. The plaintiff, woman who had gone topless during a protest, had been fined $100 for violating the law. Her challenge to the law was dismissed by a 2:1 majority on the grounds that going topless by itself did not communicate protest, and thus was not protected by freedom of speech laws. The law was not considered discriminatory, as according to the judges in majority, it merely prevented the exposure of body parts traditionally considered intimate and erogenous. That the list of such body parts was longer for women than for men did not by itself make the law discriminatory. The dissent in this judgment is significant for decrying sexualisation of women’s body’s and using tradition and moral values in support of a law that discriminates on the basis of sex and gender, even though it was technically limited to the court’s decision to prematurely dismiss the suit.

  Tagami v City of Chicago et al, 7th U.S. Circuit Court of Appeals, No. 16-1441

  Source:http://bit.ly/2hyGw8q

• Quebec passes Bill 62 that bans face veil

  The province of Quebec in Canada has passed a contentious law that would make it illegal for Muslim women, and other individuals, who cover their faces to receive public services, including riding public buses. The legislation on religious neutrality also known as Bill 52 was passed with a margin of 65-51 and will require citizens to uncover their faces in order to avail or give public services. It applies to all provincial and municipal employees including doctors, nurses, teachers, daycare workers and public transit workers. The law has received serious criticism from Muslim women living in the province who feel “targeted” by the establishment.

  Source: http://bit.ly/2yqFO3x

• President of Chile introduces bill to legalize same-sex marriage

  On August 28^th, 2017, the President of Chile introduced to Congress a bill which will legalize marriage between same-sex partners. This legislation is a development from the 2015 congress approval of same-sex civil unions. The President advocated for the bill stating that it is,“not ethical nor fair to put artificial limits on love”. The President has further pledged to bring a fully-drafted marriage bill to legislators by the end of 2017. It is not clear if the gay marriage bill will pass through congress before the end of her term in March 2018.

  Source: http://bit.ly/2gTFdRj

• Brazilian Court overrules resolution that prohibited ‘conversion’ therapy on LGBT individuals

  A Brazilian court has overturned the 1999 decision by the Federal Council of Psychology to prohibit “conversion” therapies intended to ‘cure’ LGBT individuals. The court ruled in the favour of an action brought by a psychologist who was stripped of her license in 2016 for describing homosexuality as a “disease” and for offering discredited and inhumane treatments for LGBT people. The ruling approves “conversion therapy” and advocates for further research into the practice. The Federal Council of Psychology released a statement confirming that they will legally contest this decision as it “opens the dangerous possibility of the use of sexual reversion therapies”.

  Sources: http://bit.ly/2yWYtlq; http://bit.ly/2hgzvVM

• Minors can officially change their gender, holds Columbia Constitutional Court

  In a case of a 17 year old trans male, the Constitutional Court of Columbia ruled that a minor may update their gender identification on official documents, under certain circumstances. The individual in focus resides in the United States with his family and sought to change his gender marker to correspond with his gender identity for his US citizenship applications. The Supreme Court responded to the request stating that gender transition changes applied to official documentation can only be done at the legal age. In contrast, the Constitutional Court acknowledged the gender transition and approved the individual’s request for updated sex markings on his certificates. This was the first case of gender identity change by a transgender in the country.

  Source: http://bit.ly/2yeXRdZ

• Mexico formulates “code of conduct” to mitigate discrimination based on SOGI

  Mexico’s Ministry of Health recently established specific guidelines for all health care providers across the country to ensure respectable and equitable treatment of the LGBTI community. The code of conduct is the product of a broad participatory process that incorporated government health structures as well as representatives of civil society and the LGBTI community. The code of conduct mandates a zero-tolerance policy for discrimination in health centers and for the promotion of LGBTI-focused sexual and reproductive health campaigns. It also provides training programs for health care providers in public health facilities in order for them to provide respectful and anti-discriminatory treatment to LGBTI patients.

  Source: http://bit.ly/2yeJu9g

• Tasmania votes to expunge historical convictions of same-sex and transgender activity

  The Upper House of Tasmanian Parliament unanimously passed legislation to expunge the record of those convicted of same-sex activity and ‘cross-dressing’ under historical laws. Many in the chamber offered apologies to the individuals and families impacted by the previous laws criminalizing LGBT activities. Under the new legislation, individuals may apply to the Justice Department for the clearing their criminal record. The bill, however, does not acknowledge those offences which may have been committed as a response to police discrimination under the historical laws.

  Source: http://bit.ly/2xzbOih

• Australia introduces legislation to criminalize SOGI based intimidation

  The Australian government proposed emergency laws which ban discrimination, vilification, or intimidation of any person during and in respect to the same-sex marriage campaign. The special provisions come in the wake of social disturbances based on the marriage-equality plebiscite and seek to protect against harm based on sexuality, gender identity, intersex status, religious conviction, or political stance. The law permits civil penalties, including fines but excluding criminal penalties or jail time. The emergency law will hold until the conclusion of the same-sex marriage postal survey at the end of November.

  Sources:http://bit.ly/2gW2YrL;http://bit.ly/2xWSxaz

• Northern Irish women not entitled to free abortion services, holds UKSC

  The Supreme Court of United Kingdom has, by a 3:2 majority, held that the Secretary of State for Health’s failure to provide access to Northern Irish to free abortion services under the English National Health Service (NHS) was not unlawful, as the Secretary was entitled to take into account Northern Ireland’s democratic decision to not fund abortion services. Based on a disturbing interpretation, the Court  held that  differential treatment of the citizens of UK residing in Northern Ireland was not in violation of the human rights arising from the European Convention on Human Rights. This interpretation essentially calls to question whether suspension of fundamental human rights of a section of citizens will be upheld by Courts on the grounds that it has popular majoritarian support.

  R v. Secretary of State for Health, [2017] UKSC 41

  Source: http://bit.ly/2ruB4ap

• UK Government rejects proposals to increase number of female MPs in House of Commons

  The UK Government recently rejected six separate proposals by the Commons’ Women and Equalities Committee, including a legislation mandating a minimum female parliamentary participation rate of 45% in general elections, 45% female representation in parliament and local government by 2030, and the requirement of parties to make public their parliamentary candidate diversity data. Men currently occupy 70% of the MPs in parliament. The government responded to criticism by stating that while an increase in female representation in parliament is important, legislation and regulatory burdens on political parties are not the means by which one is to achieve this goal.

  Source: http://bit.ly/2zR2eb9

• UK Court of Appeal declares gender segregation in schools unlawful sex discrimination

  In a landmark judgment, the Court of Appeals, UK has held that sex-segregation of school children is violative of the Equality Act, and therefore unlawful. The Equality Act 2010 (“EA 2010”) prohibits discrimination, including on the basis of sex, by a school against a pupil in the way it provides education for the pupil and in the way it affords the pupil access to a benefit, facility or service. The Court held that a voluntary-aided faith school’s policy of completely segregating boys and girls from the age of 9 was discriminatory as it had an adverse impact on the quality and effectiveness of the education given by the school to both the girls and boy pupils respectively.

  HM Chief Inspector of Education, Children’s Services and Skills -v- The Interim Executive Board of Al-Hijrah School[2017] EWCA Civ 1426

  Source: http://bit.ly/2z5fdFO

• EU Declaration on prevention of FGM and forced marriage

  EU’s Steering Committee for Human Rights has released a declaration on the need for intensification of efforts to prevent and combat female genital mutilation and forced marriage. The declaration calls upon member states to criminalise female genital mutilation and forced marriage irrespective of religious beliefs, formulate legislation and programmes which enable reporting of cases and provide a full range of prevention and protection measures. The declaration also calls for recognition of female genital mutilation and forced marriage as grounds for international protection.

  Source: http://bit.ly/2xP6Pdl

• ECHR upholds Romanian law that allows stay of prison sentence for mothers, but not fathers

  The European Court of Human Rights has held that differential treatment of male and female convicts in the stay of execution of their prison sentences on the grounds of parenthood is not discriminatory. In this case, the application for a stay of execution of prison sentence of the applicant, the father of a child under the age of one, was rejected by Romanian courts as this ground for stay was only available to women. In his appeal to the ECHR, it was held that exclusion of men from this provision was not discriminatory as there was a reasonable relation between the specific characteristics of early motherhood and safeguarding the best interests of the child.

  Alexandru Enache v. RomaniaECHR 292 (2017)

  Source: http://bit.ly/2hwUm8f

• Austria bans women from wearing face veils in public places, becomes fifth European country to do so

  The Austrian legislature has enacted a new law to ban the use of niqabs and burqas. Although the law bans all face coverings, including scarves, it has been widely understood as targeting Muslim women. The ban also imposes a hefty fine of Euro 175 for every violation. Austria is the fifth European country to ban the burqa, after Belgium, Bulgaria, France and Switzerland. Although burqa bans have been widely criticized for being discriminatory, the Belgian ban on burqas in workplaces was recently upheld by the ECHR.

  Source: http://bit.ly/2fHPn6W

• Finland refuses revision of ‘Trans Act’, mandates sterilization as pre-requisite to changing gender identity

  The Finnish government rejected the recommendations made by the UN  Human Rights Council to reform the ‘Trans Act’. The current law mandates that those wishing to legally change their gender identity status must undergo forced sterilization and mental screening. The UNHRC recommendations included revision of the Trans Act by abolition the needs for sterilization or other medical treatment or diagnoses, and development a transparent and efficient gender recognition procedure. Both recommendations were rejected.

  Source: http://bit.ly/2gU4hHQ

• Malta introduces third gender marker in official documents

  The Maltese Minister for European Affairs and Equality, alongside Parliamentary Secretary for Reforms, Citizenship and Simplification of Administrative Processes announced that citizens of Malta may now apply to have their gender identity marked as “X” on all official documentation, including passports, identity cards, and residence permits. Those wishing to change their identity marker must take an oath before a notary; this is the only requirement. Malta is the second European Union member state to introduce this option for its citizens in an effort to move towards greater equality. The “X” option became possible after the approval of the LGBTIQ Action Plan 2015 by the Maltese Cabinet.

  Source: http://bit.ly/2yVwwgr

• Greece adopts new law to permit change of gender status

  Amidst strong opposition from the Greek Orthodox Church, the Greek government passed a legislation that will enable its citizens to determine and change their gender identity legally on all official documents without the need for psychiatric evaluation or medical intervention. The law will allow trans individuals to affirm their desired gender identity from the age of 15 and is aimed at squarely ending the marginalization of people whose perceived gender identity did not correspond with that assigned at birth.

  Source: http://bit.ly/2yYl3Zy

• Quebec court partly suspends contentious face-veil ban

  A Canadian Court has suspended part of the controversial law that banned face coverings in the province of Quebec. The Supreme Court of Quebec suspended section 10 of Bill 62 that barred individuals from covering their faces while receiving or giving public services such as riding a public transport or visiting a doctor. The legal challenge filed civil liberties argued that Bill 62 is violative of the constitutional rights of Muslim women who would be forced to remove their religious coverings in order to receive public services and that it “directly infringes on the freedom of religion of individuals”. The groups also said the law will encourage xenophobia, harassment and discrimination. The Quebec government plans to release directives in order to accommodate religious beliefs under Bill 62 by next summer.

  Source: http://bit.ly/2AmkdGF

• Ohio outlaws abortion of foetuses with Down’s syndrome

  The state of Ohio has recently enacted a law that would make the abortion of foetuses detected with Down’s syndrome illegal. The legislation also prescribes felony charges against physicians who perform the procedure, while exempting the woman from the same. The law, said to be in consonance with the state’s Down Syndrome Non-Discrimination Act, is expected to severely restrict access to abortion in the state, given that the syndrome is usually detected within 15-20 weeks of gestation. Many have argued that the law does nothing to support families taking care of members with Down’s syndrome and interferes with a woman’s ability to take a decision. A similar legislation in Indiana was struck down by a District Court Judge for being unconstitutional.

  Source: http://bit.ly/2CBdUUE

• Vote in Brazil could lead to ban on abortion even for rape victims

  The proposed abortion ban under all circumstances (including rape and in cases where the mother’s life is in danger) is part of a constitutional amendment approved by a special congressional committee in November. The committee has to vote on the final text of the proposed amendment, before it goes to the full Chamber of Deputies for a vote. To become law and amend the Constitution, the legislation would need a super majority – or three-fifths of votes – in both houses of Congress, and the president’s signature. Currently the procedure is only allowed in the case of rape or if the pregnancy puts the mother’s life at risk. The proposal to constitutionally amend the law has brought forth massive protests by Brazilian women and civil society activists.

  Source: http://reut.rs/2lSdSNN

• Egyptian parliament amends inheritance laws

  The Egyptian Parliament has passed a law guaranteeing women’s right to inheritance after over a year’s process on amending the 1943 inheritance law. Egyptian women for the longest time have been deprived of the right to inheritance due to patriarchal cultural norms and traditions, especially in the Upper Egypt region. Article 49 of the new law states that anyone who deliberately denies the heir, be it a man or a woman, their legal share of the inheritance or confiscates a document confirming this share, shall be jailed for six months at least and be subject to a fine. This step does not change the conception or application of the inheritance laws, but increases penalty for preventing inheritance to ensure enforcement. A majority of women in Upper Egypt and rural areas are denied this right despite their legal entitlement to inheritance.

  Source: http://bit.ly/2AnKRyy

• Mauritania releases new ‘apostasy’ draft law

  Mauritania has proposed a new ‘Apostasy’ draft law that would make death penalty mandatory for the crime of “insulting” or “mocking” God, the Quran or the Prophet Muhammad. The approved draft legislation would eliminate the possibility under the current law, of substituting a prison term for death penalty if the offender repents promptly. Mauritania’s current penal code, in article 306, imposes the death penalty for apostasy but allows for a lighter penalty if the defendant repents. Mauritania has moved to strengthen a law criminalising apostasy and blasphemy, after a court in the West African nation ordered the release of a local blogger who faced the death penalty for allegedly criticising the Prophet Muhammad. An amendment to Article 306 of the country’s penal code will now see the death penalty applied to “every Muslim, man or woman, who ridicules or insults Allah”, his messenger, his teachings, or any of his prophets, “even if [the accused] repents”. Showing repentance will no longer prevent the death penalty from being applied for blasphemy and apostasy.

  Source: http://bit.ly/2EWlM1h

• ECOWAS court passes first judgment on the Maputo Protocol in the Case of 4 Women vs. Nigeria

  The Economic Community of West African States (ECOWAS) Court passed the first judgement in the case of four women who were abducted and assaulted sexually, physically, verbally and unlawfully detained at different times between January 2011 and March 2013 at the hands of the Abuja Environmental Protection Board (AEPB) and other government agencies, such as the police and the military. They were arrested and accused of being prostitutes simply on the grounds that they were found on the streets at night. The Court held that these arrests to be unlawful and in violation of the freedom of liberty, noting that branding women as prostitutes constituted verbal abuse and violated their right to dignity. The Court found that there were multiple violations of articles of regional and international treaty law – the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol), the Convention on the Elimination of all forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT); and the Universal Declaration of Human Rights (UDHR). This is the first time an international court has pronounced on violations of the Maputo Protocol.

  Source: http://bit.ly/2ADCqjz

• President of Tanzania calls for arrest of pregnant schoolgirls

  Civil rights activists in Tanzania accused the government of “promoting a culture of human rights violations” after the President pardoned two men who had convicted for raping ten primary school children aged between six and eight years of age, along with thousands of other prisoners. The news of their release coincided with calls for the arrest of pregnant schoolgirls with the regional commissioner justifying the step as it will force the girls to testify against those who impregnated them. The president had earlier called for pregnant girls to be banned from schools.

  Source: http://bit.ly/2iW1gnC

• European Parliament passes resolution on combating sexual harassment and abuse in the EU

  The European Parliament, by 580 votes to 10 and with 27 abstentions, adopted a resolution on combating sexual harassment and abuse in the EU. The Parliament condemned all forms of sexual violence and harassment, whether it be physical or psychological, and noting the fact that these acts are too easily tolerated. The Parliament also asked the Commission to submit a proposal for a directive against gender-based violence as well as a comprehensive EU strategy to resist the same. It highlighted the relevance of dedicated training and awareness-raising campaigns regarding existing formal protocol on reporting sexual harassment in the workplace, along with establishing procedures of accountability and active engagement of men for the purpose of prevention in response to the underreporting of sexual harassment.

  Further, sexual harassment within the Parliament itself was explored, by installing specific structures and internal rules to address the issue, including advisory committees that will handle complaints from both members and staff. Member States too were advised to evaluate the matter of sexual harassment in their own national parliaments.

  Source: http://bit.ly/2r9k75z

• Austrian Supreme Court rules in favor of same-sex marriage

  Although civil partnerships have been allowed since 2010, the Constitutional Court of Austria termed the law barring same-sex marriage as unconstitutional. Same-sex marriage is likely to be legal from January 1, 2019. The ruling also allowed the couples involved in the challenge considered by the Court to marry immediately. The Court observed that “the distinction between marriage and civil partnership can no longer be maintained today without discriminating against same-sex couples”, and that allowing the two institutions to be separate implies an inherent inequality. Civil partnerships will, however, still be available and will soon be an option for heterosexual couples too.

  Source: http://bbc.in/2nwTUw7; https://ind.pn/2iSgQo9

• Hungarian Ombuds finds rejection of lesbian woman’s application to adopt unlawful

  A report by the Commissioner for Fundamental Rights has found that the decision of Hungarian authorities to reject the adoption application of a same-sex couple amounted to unlawful discrimination based on sexual orientation. The two women’s application to adopt a 16-month-old Roma girl was rejected on the grounds that it would infringe upon the child’s right to protection and care.

  Hungary introduced recognition for same-sex couples in 1996 in the form of cohabitation, and since then has granted many rights that are available to heterosexual couples. Notable exceptions are parenting right’s such as access to assisted reproduction, second parent adoption, and joint adoption.

  Source: http://bit.ly/2B4cmOc

• UK Court of Appeal quashes order denying parental rights to transwoman

  The Court of Appeal reversed a High Court judgement which prevented a transgender father, belonging to an ultra-Orthodox Jewish community, from having direct contact with her five children. The tight-knit Haredi community in Manchester had threatened to ostracise her family if they had any contact with her once it was found she was living as a woman. The judges of the Court of Appeal overturned the “stark, deeply saddening and extremely disturbing” judgement of the High Court and ordered the issues to be reconsidered by another High Court judge.

  Source: http://bit.ly/2CK5g2I

• German courts mandates introduction of third gender category in public documents

  The Federal Constitutional Court of Germany has held that the civil status law, which does not provide a third gender category for registration, is violative of the right to privacy, and thus incompatible with the constitution. The Court has directed the legislature to within a year, create a new regulation to provide for registration of one’s gender in the third category, or do away with public documents altogether. In 2013, Germany became the first European country to allow the registration of newborns as neither male nor female. This ruling will take the initiative for legal recognition of trans persons further by allowing for the creation of a third category of gender in legal documents.

  1 BvR 2019/16

  Source: http://bit.ly/2yHgHKI

• Court permission no longer required for gender transition hormone therapy in Australia

  An Australian Family Court has held that teenagers no longer require the authorisation of the court to undergo stage 2 of hormone therapy, which is irreversible in nature, for gender dysphoria. In earlier cases, Australian courts had held that since the treatment was irreversible, it was necessary for the Court to assess the ability of the minor to consent to the treatment, and therefore, parental consent was not sufficient. However, opposition against this requirement had been building, not only because of the costs of and delay caused by the process, but also because it was considered intrusive and insensitive.

  Re: Kelvin [2017] FamCAFC 258

  Source: http://bit.ly/2DBEyec

• Discrimination on the basis of sexual orientation is a violation of civil rights, rules US Appeals Court

  The US Court of Appeals for the 2nd Circuit has ruled that Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex, also bans discrimination on the basis of sexual orientation. In this case, a gay worker had alleged that he had been dismissed from service after revealing his sexual orientation to a client. Vacating the lower court’s judgement against the plaintiff, the Court held that sexual orientation is a prohibited ground of discrimination under the Act, and asked the lower court to decide the case according to this interpretation of the Act.

  Zarda v. Altitude Express, Inc. 15‐3775 (en banc)

  Source: http://bit.ly/2G5u1vm

• Bermuda’s marriage law challenged

  A gay Bermudian citizen has launched a legal challenge against the Attorney-General for revoking his right to marry in his country and subjecting him to “inhuman or degrading treatment”.

  Lawyers representing the party filed a lawsuit yesterday afternoon with the Supreme Court, claiming that the new Domestic Partnership Act was unconstitutional. The Act, which replaced same-sex marriage with civil unions, was approved by Parliament in December and given Royal Assent by the Governor on February 7. The lawsuit states that the effect of the new Act “is to subject the applicant to inhuman or degrading treatment”. It seeks orders of redress under section 15 of the Constitution. The action reversed a Supreme Court decision from May last year that enabled gay people to wed in the country — a judgment won after a gay couple  litigated against the Registrar-General for refusing to post their wedding banns.

  Source: http://bit.ly/2pnGykh

• Inter-American Court of Human Rights recognises right to legal gender recognition and same-sex couples’ right to marriage

  In response to a request by Costa Rica regarding the obligations of States to recognise the economic consequences of a same-sex union and recognition of a person’s gender identity, the Inter-American Court of Human Rights has published an advisory opinion stating that gender identity and non-discrimination based on sexual orientation are protected by the American Convention on Human Rights as part of the right to a name, right to legal personality, right to personal liberty, and right to privacy. The opinion also states that States have to establish a mechanism to change people’s chosen identity and such mechanism must be based on the individual’s free consent.

  Sources: http://bit.ly/2u4qWqS , http://bit.ly/2FKYXSd

• House of Deputies of the Chilean Congress clears Gender Identity bill

  The House of Deputies of the Chilean Congress have approved a bill that will allow transgender persons to legally change their names and gender markers on official documents. Change in gender identity will not require prior surgery or a court order. The bill does not seek to extend any of these rights to minors. It will not be introduced in the Chilean Senate for vote.

  Source: http://bit.ly/2tZsIJI

• Somaliland introduces law to criminalise rape

  The lower house of Somaliland’s parliament has cleared a bill to criminalise rape, and other forms of sexual assault, including gang rape. The bill also seeks to criminalise trafficking, child marriage, and knowingly putting another person at risk of contracting an HIV infection. The offence of rape carries a maximum punishment of imprisonment for twenty-two years. If passed, Somaliland will for the first time, have a robust law against sexual assault. Somalia, the state from which the self proclaimed republic of Somaliland broke away, does not criminalise rape, and the practice of marrying the victim to her rapist is considered to be a widespread one across the two countries.

  Sources: http://bbc.in/2CWBYS7 , http://bit.ly/2D0zYZc

• Morocco adopts new law to combat domestic violence against women

  Morocco has adopted Law no. 103-13 on combating violence against women. The new law criminalizes some forms of domestic violence, establishes prevention measures such as restraint orders, and provides new protections for survivors. It increases penalties for some forms of violence when committed within the family and establishes new crimes including forced marriage, squandering property to avoid payment of maintenance, preventing a spouse from returning home, and sexual harassment in public spaces and cyber harassment. Women’s groups in the country had lobbied for greater emphasis on protection and victim relief instead of criminal prosecution, explicit recognition of marital rape, funding women’s shelters, and laying down the duties of police, prosecutors, and investigative judges in domestic violence cases. However, the law was passed without these changes.

  Source: http://bit.ly/2FBaWyE

• Pregnant and breastfeeding workers can be dismissed at the time of mass layoffs, holds European Court of Justice

  The European Court of Justice has held that pregnant and breastfeeding employees can be dismissed as part of a collective redundancy of employees, i.e., at the time of a mass layoff of employees, if their dismissal is not expressly prohibited under the law of their country. In this case, a worker who was dismissed as part of a mass layoff while she was pregnant, challenged the decision of the company before the High Court of Justice of Catalonia, which in turn referred it to the ECJ.

  Jessica Porras Guisado v. Bankia SA, Case C-103/16, decided on 22.02.2018.

  Sources: http://bit.ly/2HH9BqH , http://bit.ly/2Iwo0WV

• Iceland enacts law to eliminate gender pay gap

  Iceland has enacted a new law which makes it illegal for employers to pay men more than women for the same work. The law applies to agencies that employ more than 25 persons, and obligates them to obtain a compliance certification with their equal pay policies. Failure to obtain such a certification leaves the workplace open to imposition of fines.

  Source: http://bit.ly/2A4bjgO

• Greece limits application of sharia law

  The Greek Parliament has legislated to severely limit the power of sharia courts, which operate in some parts of the country, and govern a 100,000-strong Muslim minority. This change followed a challenge before the European Court of Human Rights by a Muslim woman who had been denied a fair share of inheritance under Islamic law. Although the law has been hailed by the Muslim minority, it has also been criticised by many for not completely eliminating Islamic courts, as no other country in the European Union has sharia law.

  Source: http://bit.ly/2prsh58

• Same-sex couples entitled to residency rights, states advisor to the European Court of Justice

  A legal advisor to the European Court of Justice has stated that EU countries are bound to provide the same residency rights to same-sex couples that are accorded to heterosexual married couples, irrespective of whether they recognise same-sex marriage. Extending equal spousal benefits, according to the advisor, would enable same-sex couples to move and reside freely in the EU. Although an advisor’s opinion is not legally binding, it is usually followed by judges.

  Source: http://bit.ly/2EwjEfS

• Lesbian women not entitled to paternity leave, holds European Court of Human Rights

  The European Court of Human Rights has held that the rejection of a lesbian woman’s application for paternity was not violative of human rights to private and family life, and non-discrimination guaranteed under the ECHR, as the institution of paternity leave was designed to enable the biological father of a child to play a greater role in its upbringing and to ensure a more equal distribution of domestic work between men and women. The Court rejected the challenge by drawing parallels between a non-biological father and the lesbian partner, both of whom would be denied paternity leave. The position of the court is founded on heteropatriachal privileging of bloodlines and lineage, rather than equal parenting and partnership on which egalitarian unions ought to be promoted by human rights law. At an age of IVF, surrogacy, adoption and diverse family forms, the court ought to upheld equal responsibilities of all parents, rather than discriminate between parents (as it has done) based on the manner they assumed parental status.

  Hallier and Others v. France (application no. 46386/10)

  Source: http://bit.ly/2rjfSof

• EU laws do not cover Sharia divorce, holds ECJ

  The European Court of Justice has held that the question of whether ‘private divorces’ under the Sharia law should be recognised has to be decided by each member state of the EU. In this case, the husband had divorced his wife under sharia in Syria before moving to Germany. The question of whether this divorce can be recognised under German law was referred to the ECJ. The ECJ held that Rome III Regulations, also known as the EU divorce law pact, do not by themselves apply to recognition of a divorce decision in a country not part of the EU.

  Soha Sahyouni v. Raja Mamisch (C‑372/16)

• EU Court rejects psychological tests to determine sexual orientation of asylum seekers

  The European Court of Justice has ruled that psychological tests cannot be used to assess asylum applications from those facing persecution in their home countries due to their sexuality as such tests amount to “a disproportionate interference in the private life of the asylum seeker.” Hungarian immigration officials had administered such tests to an unidentified man seeking refugee status based on a fear of persecution on account of his homosexuality in his home country of Nigeria. The court ruled the officials acted illegally. His asylum application was rejected as no conclusive results emerged from his test.  The court held that while expert opinion could be sought to determine a person’s sexual orientation, this process should not infringe upon rights guaranteed under the European Charter of Human Rights.

  Source: http://n.pr/2DJdI79