Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Law Committee Publications

Lesbian, Gay, Bisexual, Transgender and Intersex Law Committee Publications

The LGBTI Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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Rights of same-sex couples in Hong Kong – QT v Director of Immigration

On 4 June 2018, the Hong Kong Court of Final Appeal (HKCFA) heard an important case on the rights of same-sex couples in Hong Kong, QT v Director of Immigration (FACV 1/2018). The case was specifically concerned with the right of same-sex couples to immigrate on an equal basis as heterosexual couples. It has important legal and policy implications on the rights of same-sex couples more generally in one of the world’s most important international financial centres.
Same sex marriage in Japan and immigration rights – G v the Minister of Justice (Tokyo District Court)

The Japanese government has never allowed a visa, permitting stay, to a foreign citizen who is the same sex partner of a Japanese citizen even when the foreign citizen and the Japanese citizen were married outside of Japan (probably the Japanese government thinks that such a marriage is not valid as the rules on conflict of laws demand that the requirements prescribed in the Japanese Civil Code should be met for a marriage between a Japanese citizen and the other country’s citizen to be valid).
Germany’s goodbye to gender binary

In mid-August this year, the German Federal Government introduced a bill allowing a third positive option for the entry of a person’s sex, namely ‘diverse’. The bill is a result of an order of the Federal Constitutional Court (the ‘Court’) made on 10 October 2017. The Court found that the lack of a third positive sex option other than ‘male’ or ‘female’ violated constitutional rights to protection of personality, equality and non-discrimination.
Brazilian Supreme Court ruled procedures for name rectification and gender of transgender people

During March of 2018, the Brazilian Supreme Court ruled that transgender people may change their name and gender in public registers, including their ID, without being required to file a specific lawsuit for that or to undergo surgery (Case: ADI 4.275).
Supreme Court of India strikes down sodomy law – Navtej Singh Johar and Others v India Supreme Court of India

On 6 September 2018, a full bench of the Supreme Court unanimously ruled that consensual same-sex relationships are no longer a crime, deeming section 377 of India’s Penal Code, a relic of British colonial rule – ‘irrational, arbitrary and incomprehensible’. The provision had provided that ‘carnal intercourse against the order of nature’ was subject to ten years to life in prison.
From the Co-Chairs - LGBTI Committee, December 2018

David Ryken and Matthias Stupp present the December 2018 From the Co-Chairs note for the LGBTI Committee.
Inter-American Court of Human Rights’ cases on sexual diversity: notes from an address at the IBA Conference, Rome 2018

The Inter-American Court of Human Rights (I-ACtHR) has two main jurisdictions: an adjudicative (contested) jurisdiction and an advisory jurisdiction. With regard to the right to equality and non-discrimination on grounds of sexual diversity, the main case law precedents are three contentious (contested) rulings and one advisory opinion: Atala Riffo and daughters v Chile (2012); Duque v Colombia (2016); Flor Freire v Ecuador (2016); and Opinión Consultiva OC-24/17 (2017).
From the Co-Chairs - December 2017

The Lesbian, Gay, Bisexual, Transgender and Intersex Committee Co-Chairs David Ryken and Federico Godoy welcome readers to the December 2017 e-bulletin for the LGBTI Committee.
Marriage equality Australia - December 2017

Finally, on Thursday 7 December 2017, the Australian Parliament legislated for marriage equality, enshrining into law same-sex marriage. The campaign for marriage equality has taken the best part of a decade, following an amendment that redefined marriage as a ‘union between a man and a woman’. Unlike many other countries introducing marriage equality through a simple parliamentary process, the Liberal National Party Coalition Government took the unusual path of conducting optional postal ballot.
Egypt - December 2017

On 22 September 2017, Mashrou’ Leila, a Lebanese band, that has been outspoken about lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ) issues in its music and is led by an openly gay musician, performed in Cairo, Egypt. A photograph from the concert of some attendees waving a rainbow flag has led to what is now being touted as the worst ever crackdown on the LGBTIQ community in Egypt.
LGBTI Law Committee project - December 2017

The Lesbian, Gay, Bisexual, Transgender and Intersex Law Committee has been working with the Inter-American Institute of Human Rights and the United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders on a research project to determine, inter alia, the ongoing harm that is caused by the continuing legislative criminalisation in a number of Caribbean jurisdictions involving consenting same-sex behaviours.
LGBTI criminals: the British legacy - December 2017

The early 20th century saw the development of a new legal concept in international criminal law: crimes against humanity. A version of the formulation of the term ‘crimes against humanity’ had been used as early as 1915 by the Allies in reference to the Turkish atrocities against the Armenians. In more modern times the concept of a ‘crime against humanity’ outside and beyond the concept of ‘war crimes’ can be found in Article 6(c) of the Nuremberg Tribunal Charter.
Germany finally opened marriage for everyone - December 2017

After decades of struggle and rejection, the German Parliament finally approved same-sex marriage. Before this ground-breaking decision, marriage was seen, conservatively, only as a union between a man and woman in Germany. Therefore, there was no full equality between opposite and same-sex couples relating to marital rights. Even though same-sex couples have been allowed to enter into a registered partnership since 2001, they were neither allowed to marry nor to adopt children jointly.
Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Law Committee Update, September 2017

This edition features articles covering LGBTI rights globally and whether we are moving forwards, a note on the ruling to overturn Belize’s sodomy laws, an outline of the surrogacy laws of different countries in regards to LGBTI couples and the ruling of the Supreme Court of India to recognise the citizenship rights of transgender people.
The LGBT Bar’s Military Law Working Group - Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Newsletter Article, May 2015

Article from the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Newsletter, May 2015
Lesbian, Gay, Bisexual and Transgender Issues Committee newsletter, December 2013

Download the Lesbian, Gay, Bisexual and Transgender Issues Law Committee Newsletter, December 2013, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Lesbian, Gay, Bisexual and Transgender Issues Committee newsletter, October 2012

Download the Lesbian, Gay, Bisexual and Transgender Issues Law Committee Newsletter, October 2012, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Lesbian, Gay, Bisexual and Transgender Issues Committee newsletter, October 2011

Download the Lesbian, Gay, Bisexual and Transgender Issues Law Committee Newsletter, October 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)