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).