Resources

Decision of the African Commission on Human & Peoples' Rights concerning legal restrictions on the Nigerian press following the annulment of elections. The Commission makes clear that international obligations take precedence over domestic law and warns against undermining the rights of specific individuals or groups.

Judgment of the Constitutional Court of South Africa confirming that the common law offence of sodomy, the inclusion of sodomy in schedules to certain Acts of Parliament, and a section of the Sexual Offences Act which prohibited sexual conduct between men in certain circumstances, were all unconstitutional.

Judgment of the Supreme Court of Canada finding in favour of a gay man who was dismissed from his job because of his sexual orientation. The Supreme Court held that sexual orientation was indeed a prohibited ground of discrimination and that IRPA should be interpreted as such.

Judgment of the US Supreme Court striking down a state constitutional amendment that prohibited protected status based on homosexual, lesbian or bisexual orientation.

Decision of the European Court of Justice case concerning the interpretation of a Council Directive prohibiting sex discrimination in employment. The Court held that the Directive prohibited dismissal from employment on the basis of a person’s gender identity.

Landmark decision of the UN Human Rights Committee finding that criminalisation of sexual relations between consenting males is a violation of the International Covenant on Civil and Political Rights. Crucially, the Committee noted that the reference to ‘sex’ in Article 26 (equality before the law) and in Article 2(1) (non-discrimination) included sexual orientation.