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The IBA’s response to the war in Ukraine
The International Bar Association’s Human Rights Institute (IBAHRI) urges the Republic of Poland to ensure freedom of expression for supporters of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) persons’ rights. The IBAHRI also calls for an immediate end to the homophobic rhetoric currently espoused by Polish leaders, including President Andrzej Duda, who, in a campaign speech, declared the promotion of LGBT rights an ‘ideology’ more dangerous than communism.
Released on Aug 14, 2020
Reflecting on the celebration of Pride across the world, the IBAHRI acknowledges the work still to be done to ensure the protection of LGBTQI+ persons.
Released on Jun 30, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) has joined a coalition of 187 global organisations in signing a joint statement regarding the impact of the Covid-19 pandemic on lesbian, gay, bisexual, transgender and intersex (LGBTI) persons’ human rights. Drafted by ILGA World, the International Service for Human Rights (ISHR),COC, OutRight Action International, the Swedish Federation for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Rights (RFSL), GATE and ARC International.
Released on Jun 18, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the decision of the Inter-American Court of Human Rights (IACtHR) that holds Peru responsible for the arbitrary detention and rape of a transgender woman. The decision, made public on 6 April 2020, marks the first ruling by the IACtHR on a complaint of discriminatory torture against a member of the LGBTQI+ community.
Released on Apr 17, 2020
El International Bar Association’s Human Rights Institute (Instituto de Derechos Humanos de la Asociación Internacional de Abogados - IBAHRI) acoge con beneplácito la decisión de la Corte Interamericana de Derechos Humanos que determinó la responsabilidad del Perú por la detención arbitraria y la violación de una mujer transgénero. La decisión, emitida el 6 de abril de 2020, es la primera de la Corte Interamericana sobre una denuncia de tortura discriminatoria contra un miembro de la comunidad LGBTQI+
Released on Apr 17, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) expresses deep regret that a challenge to the constitutionality of Section 337A of the Republic of Singapore’s Penal Code outlawing any act of ‘gross indecency’ between men, was dismissed by Singapore’s High Court on 30 March 2020. Homosexual activity between adults has been illegal in Singapore since 1938 following the implementation of the Penal Code under British colonial rule.
Released on Apr 6, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) is profoundly dismayed by the declination of Kenya’s High Court on 24 May 2019 to declare colonial era provisions criminalising homosexual conduct, which is punishable by 14 years in prison, as unconstitutional. News of the judgment being appealed is supported by the IBAHRI.
Released on Jun 4, 2019
News Release: Thursday 19 April 2018. The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the ruling by Trinidad and Tobago High Court Judge Devindra Rampersad that the nation’s law banning same-sex relationships is unconstitutional. With heads of state gathering in London this month for the Commonwealth Heads of Government Meeting (CHOGM), and due to discuss LGBT+ issues for the first time, the IBAHRI calls on all Commonwealth states to work together to repeal colonial-era laws...
Released on Apr 19, 2018
News Release: Friday 19 May 2017. The International Bar Association’s Human Rights Institute (IBAHRI) has called upon the members of the United Nations Committee against Torture (UNCAT) to instigate an inquiry into claims that 100 men have been detained and tortured in a secret prison in Chechnya on account of their real or suspected sexual orientation. Three of the detainees are reported to have been killed.
Released on May 19, 2017
In many societies, many Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people are subject to serious human rights abuses for not conforming to culturally established norms on sexuality or gender. As a result, LGBTI asylum seekers are prone to facing complex challenges arising from discrimination, homophobia, biphobia and transphobia in their country of origin.
This article looks at LGBTI rights in Mexico City, and LGBTI political rights and the ban on conversion therapy as recent trends.
In late 2020, the National Bar Council of Italy (known as the Consiglio Nazionale Forense, or ‘CNF’), the public institution that represents lawyers in Italy, launched a project to study and combat discrimination on the basis of sexual orientation, gender identity or race. The project marks the first major institutional drive by the CNF to focus on this area in Italy.
A message from the Editor of the LGBTI Law Committee, April 2021.
On 22 May 2015 the Government of the Republic of Ireland held a referendum to amend the Irish Constitution and legalise same-sex marriage. This amendment was approved by 62 per cent of the electorate (with 38 per cent voting against it) and therefore a country that was widely considered to be historically conservative became the first country in the world to legalise same-sex marriage by popular vote.
On 17 March 2021, the Sapporo District Court handed down what is considered by many as a historic landmark ruling establishing that it is unconstitutional to bar same-sex marriage.
By Ally Bolour. Queer equality, though a global goal, is a journey best travelled locally. The United States remains a leader in this march, yet our community experiences multiple and often daily challenges in our attempt to reach our destination. The separation of state and church is enshrined in the US Constitution, yet too often, we witness courts and governments apply exceptions to this supreme law of the land. We must remain vigilant and vocal as we march forward to true equality.
Countering the regional trend of recognising the equal enjoyment of socio-economic and fundamental rights for the LGBT community, a recent judgment by the Hong Kong Court of First Instance in MK v The Government of HKSAR  5 HKLRD 259 held that same-sex unions did not engage the right of marriage and that there was no positive obligation on the part of the authorities to confer the same or similar status to same-sex unions as traditional marriages. This article explores the reasoning and rationale
The Australian Religious Discrimination Bill 2019 – A Cloak to Permit Lawful Discrimination against Sexuality and Gender Diverse Individuals – A Reminder of Australia’s International Law Obligations.
By Lloyd Nicholas Vergara. LGBTI Rights in the Philippines are in Limbo.
Asian Values and Legal Systems: Where does Thailand Stand in Terms of LGBTI Rights and Interests in Enterprises, Employment, Immigration, Property Relations and Related Matters?
By David Ryken. The Constitutional Right to Marry: The Cayman Islands - LGBTI Committee newsletter article, May 2020.
In this first-person narrative, William (Bill) Singer, LGBTQ+ activist and lawyer, relays his experience meeting with Paraguayan LGBTQ+ activists and learning first-hand the barriers holding them back from gaining equality under the law in their country.
The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.
By Lloyd Nicholas Vergara and Ruwani Dantanarayan. In Review: the LGBTI Law Committee at the 2019 IBA Annual Conference in Seoul
Under Chinese employment laws and regulations, although it is hard for an outsider to identify specific and lucid provisions in the field of labour and employment for sexual and gender minorities, the needs of legal protection for Chinese LGBTI individuals cannot be neglected. This paper will briefly introduce legislation and legal practices that we found as providing protections for the Chinese LGBTI Group in the field of employment and labour, and provide an overview for employment issues faced by sexual
Editor’s Note - LGBTI Committee newsletter article, May 2020
The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the renewal of the United Nations Independent Expert (IE) on sexual orientation and gender identity (SOGI). Created in 2016 for an initial period of 3 years, this mandate was set up to respond to a specific pattern of violations directed against persons because of their SOGI.