Sexuality Rights

Case

Link

Dudgeon v. United Kingdom, European Court of Human Rights, Series A, No.45, 23 Sept 1981.
Criminal law prohibiting homosexual conduct interferes with the right to respect for private life, which includes sexual life, guaranteed by Article 8(1) of the European Convention on Human Rights. Any government interference in the most intimate aspects of private life must be justified by particularly serious reasons.

Details of Dudgeon v. United Kingdom:Read (pdf)

 

Toonen v. Australia, Human Rights Committee, Communication No.488/1992, 31 Mar 1994.
Criminal law prohibiting homosexual conduct violates the right to privacy in the International Covenant on Civil and Political Rights because “any interference with privacy must be proportional to the end sought and be necessary in the circumstances of any given case.” Prevention of HIV/AIDS is not a reasonable justification for such a law.

Details of Toonen v. Australia: Read (pdf)

 

Christine Goodwin v. United Kingdom, European Court of Human Rights, Application No. 28957/95, Judgment, Strasbourg, 11 Jul 2002.
Denying legal recognition of a transsexual’s gender reassignment both violates her right to respect for her private life and her right to marry and have a family under the European Convention on Human Rights. For a government to interfere with an individual’s right to respect for her private life, factors of public interest must outweigh the individual’s interest.

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