Canada (Attorney General) v. Thwaites
Country: CanadaYear: 1994
Court: Federal Court - Trial Division
Citation: [1994] 3 F.C. 38
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Medicines, Occupational health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to work
Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more
Doe v. City of New York
Country: United StatesYear: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
The Appellant, Doe, brought this suit against the City of New York (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more
Toonen v. Australia
Country: AustraliaYear: 1994
Court: United Nations Human Rights Committee
Citation: CCPR/C/50/D/488/1992
Health Topics: Health care and health services, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more
Norris v. Ireland
Country: IrelandYear: 1988
Court: European Court of Human Rights
Citation: Application No. 10581/83; (1988) 13 EHRR 186; [1988] ECHR 22
Health Topics: Mental health, Sexual and reproductive health
Human Rights: Right to privacy
The appellant, Mr. Norris, complained against the laws in Ireland which criminalized consensual homosexual acts (the impugned provisions). The applicant was a gay Irish citizen and gay rights advocate who claimed to suffered deep depression and loneliness arising from his inability to express his sexuality. He gave evidence of certain health and other detrimental effects …Read more
Bowers v. Hardwick
Country: United StatesYear: 1986
Court: Supreme Court
Citation: 478 U.S. 186
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
This case has been overruled by Lawrence v. Texas. The respondent, Hardwick, alleged that a Georgia state law prohibiting sodomy was unconstitutional. In 1982, the respondent was charged with violating a Georgia statute that prohibited sodomy after committing that act with another individual in the bedroom of the respondent’s home. The District Attorney later dropped …Read more
Dudgeon v. United Kingdom
Country: United KingdomYear: 1981
Court: European Court of Human Rights
Citation: Application No. 7525/76; (1981) 4 EHRR 149; [1981] ECHR 5
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
During a police search of Applicant Dudgeon’s home on suspicion of drug activity, personal property, including correspondences and diaries describing same-sex sexual activity, was seized. Dudgeon was subsequently taken to a police station and questioned extensively about his sexual life. The prosecutor considered but eventually declined to prosecute Dudgeon under a statute prohibiting “gross indecency” …Read more
Dudgeon v. United Kingdom
Country: United KingdomYear: 1980
Court: European Commission of Human Rights
Citation: Application No. 7525/76
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to privacy
Applicant, a gay man, brought a complaint before the Commission alleging that laws criminalizing male homosexual conduct in Northern Ireland constituted unjustified interference with his right to respect for his private life (Article 8 of the European Convention on Human Rights) as well as unjustifiable discrimination on sexual grounds and residency grounds (Article 14). Due …Read more