Image

Breaking the Silence: Criminalisation of Lesbians and Bisexual Women and its Impacts

This report, the second edition to an original published in 2016, considers the history, extent and nature of laws criminalising consensual sexual intimacy between women, and the anti-LGBT criminal laws of all varieties that foster and perpetuate homophobia against lesbian and bisexual women as a particular group.

Long read

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department, Supreme Court of the United Kingdom, [2010] UKSC 31

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department, Supreme Court of the United Kingdom, [2010] UKSC 31

Judgment of the Supreme Court of the United Kingdom which ruled in favour of two gay men from Iran and Cameroon applying for asylum in the UK. The question for the Court was whether the men could be expected to conceal their sexual orientation in order to avoid the risk of persecution. The Supreme Court held that no one should be expected to conceal their sexual orientation in order to avoid persecution.

Naz Foundation v Government of NCT of Delhi, Delhi High Court, 160 (2009) DLT 277

Naz Foundation v Government of NCT of Delhi, Delhi High Court, 160 (2009) DLT 277

The 2009 judgment of the High Court of Delhi finding that Section 377 of the Indian Penal Code criminalising same-sex activity is unconstitutional. The case was brought by the Naz Foundation, an NGO working with people living with HIV/AIDS. The Naz Foundation argued that Section 377 of the Indian Penal Code, which had effectively been interpreted as criminalising consensual sexual acts between persons of the same sex, was unconstitutional and the High Court of Delhi agreed emphasising the importance of the right to equality.

Sunil Babu Pant and Others v Nepal Government and Others, Supreme Court of Nepal, [2008] 2 NJA L.J. 261-286

Sunil Babu Pant and Others v Nepal Government and Others, Supreme Court of Nepal, [2008] 2 NJA L.J. 261-286

The Supreme Court of Nepal issued a writ of mandamus stating that non-discrimination provisions on the grounds of sexual orientation must be introduced into the Constitution of Nepal. The court stated that all LGBT persons are ‘natural persons’ and that their sexual orientation, gender identity, and expression are all part of natural growing processes. Equal rights, identity and expression must therefore be ensured.

Sign up to receive updates

Join our newsletter to receive regular updates about decriminalisation efforts around the world, including breaking news on key legal cases, hot off the press reports, invitations to events and messages from our Chief Executive.

SIGN UP