Living World Distributors Ltd. v. Human Rights Action Group Inc. (Wellington)
Country: New ZealandYear: 2000
Court: Court of Appeal
Citation: [2001] 2 LRC 233
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more
Salguiero Da Silva Mouta v. Portugal
Country: PortugalYear: 2000
Court: European Court of Human Rights
Citation: Application no. 33290/96
Health Topics: Child and adolescent health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life
S was a homosexual Portuguese national. In 1983 he married a woman, C, with whom he had a daughter. S and C subsequently separated and then divorced. Since their separation, S had been living with another man. In connection with their divorce, S and C signed an agreement giving C parental responsibility over the daughter …Read more
BT v. Oei
Country: AustraliaYear: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more
Lustig-Prean and Beckett v. United Kingdom
Country: United KingdomYear: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more
R v. Secretary of State for the Home Department, ex parte Glen Fielding
Country: United KingdomYear: 1999
Court: High Court of Justice, Queen's Bench Division
Citation: [1999] EWHC Admin 641
Health Topics: HIV/AIDS, Infectious diseases, Medicines, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
In 1996, Glen Fielding was sentenced to four years imprisonment. Whilst incarcerated, Fielding, a man who had sex with men, requested condoms but was refused on the basis that it was against Prison Service policy to provide condoms to a prisoner who was not HIV-positive; there was no evidence that Fielding was HIV positive. The …Read more
Smith and Grady v. United Kingdom
Country: United KingdomYear: 1999
Court: European Court of Human Rights
Citation: Applications No. 33985/96 and 33986/96; (1999) 29 EHRR 493; [1999] ECHR 72; [1999] IRLR 734; (1999) 11 Admin LR 879
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to privacy, Right to work
The Applicants were both exemplary members of the Royal Air Force and had been discharged solely due to being homosexual. The first appellant was an enrolled nurse. An anonymous female caller left a message on the applicant’s answering machine stating that she knew about the applicant’s homosexuality and afterwards informed the air force authorities. In a …Read more
National Coalition for Gay and Lesbian Equality v. Minister of Justice
Country: South AfricaYear: 1998
Court: Constitutional Court
Citation: CCT 11/98
Health Topics: Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to privacy
The Applicants were the South African Human Rights Commission and a coalition of 70 organizations representing lesbian, gay, bisexual, and transgender people in South Africa. They brought a constitutional challenge to various statutory provisions in South Africa criminalizing homosexual acts. The Applicants claimed that the statutes in question violated sections 9, 10 and 14 of …Read more
Laskey, Jaggard, and Brown v. United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: Application No. 21627/93; 21628/93; 21974/93
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to privacy
Laskey (L), Jaggard (J) and Brown (B) had taken part in sado-masochistic encounters with as many as forty-four other homosexual men over a ten-year period. These mainly involved maltreatment of the genitalia and ritualistic beatings, either with the assailant’s bare hands or a variety of implements. There were instances of branding and infliction of injuries …Read more
Nielsen v. Canada (Employment and Immigration Commission)
Country: CanadaYear: 1997
Court: Federal Court - Court of Appeal
Citation: [1997] 3 F.C. 920
Health Topics: Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Appellant, a federal public servant, filed a complaint with the Canadian Human Rights Commission (“the Commission”) on September 29, 1989 regarding the government’s refusal to provide dental care insurance coverage for her same-sex partner and her partner’s child. She claimed discrimination pursuant to the Canadian Human Rights Act (“the Act”) on the grounds of sex, …Read more
X, Y and Z v. United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 21830/93, 24 Eur. H.R. Rep. 143 (1997).
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Applicants X, Y and Z were all British nationals. X is a transsexual who has undergone gender reassignment surgery to become a man. He has lived with Y, as her male partner, since 1979. The couple applied jointly for, and was granted treatment by AID to allow Y to have a child Z. X was …Read more