SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

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a. Bangladesh: The ‘Information system of the Laws of Bangladesh’ 11 website of the Ministry of Law, Justice and Parliamentary Affairs of the Government of Bangladesh contains official English translations of Bangladeshi laws till 1986 and a few important subsequent laws. Limited access to judgments of the Bangladesh High Court is available from the Chancery Law Chronicles. 12 English translations of more recent laws and of key Bangladeshi judgments were provided by local contacts. b. India: The website of Manupatra, 13 an online legal database provided access to all the required judgments of the Indian Supreme Court, High Courts in different states and most relevant statutory law. c. Indonesia: The website of the Indonesian Constitutional Court has official English translations of some key judgments. 14 However, in terms of English translations of Indonesian laws, among the research countries these were the most difficult to obtain and were acquired from multiple online resources as well as local contacts. d. Nepal: No official website for Nepali jurisprudence or statutory law in English exists, and the authors have relied on the Kathmandu School of Law website or the assistance provided by NGOs such as Blue Diamond Society and Forum on Women, Law and Development who have obtained either official translations of judgments and laws or translated these themselves. e. Sri Lanka: A website under the Ministry of Justice and Law Reforms of Sri Lanka - ‘LawNet – Sri Lanka’s Legal Information Network,’ 15 contained all Supreme Court and Court of Appeal decisions until 2005. It also contains key Sri Lankan legislations. Other Sri Lankan legislation is also available at the website of the Commonwealth Legal Information Institute (CommonLII). 16 f. Thailand: English translations of Thai laws are provided by the International Translations Office and printed in the Royal Thai Government Gazette. Copies of these official translations were provided by local contacts. A few key laws however were not available from this source and unofficial translations available at the local legal websites 17 that were cross-checked with local contacts have been relied on. The countries to be surveyed all have a wide variety of languages and scripts, which has proved a hurdle in being able to obtain legal material and guarantee that English versions of these laws are up to date with all amendments. While every attempt has been made to ensure that laws and cases documented in this Report are accurate and up-to-date, there can be no guarantee that this is actually the case. Similarly, every attempt has been made to include all 11 ‘Information system of the Laws of Bangladesh’, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, available at http://www.bdlaws.gov.bd 12 Chancery Law Chronicles available at http://www.clcbd.org 13 Manupatra available at www.manupatra.com 14 Official website of the Mahkamah Kostitusi Republik Indonesia (Constitutional Court of Indonesia), available at http://www.mahkamahkonstitusi.go.id 15 ‘LawNet – Sri Lanka’s Legal Information Network,’ Ministry of Justice and Law Reforms, Government of Sri Lanka, available at www.lawnet.lk 16 ‘Sri Lankan Legal Materials,’ Commonwealth Legal Information Institute (CommonLII), available at www.commonlii.org/lk 17 See for instance, ‘ThaiLaws’ available at www.ThaiLaws.com and ‘Law, Analysis and Features on Southeast Asia,’ Thailand Law Forum, available at http://www.thailawforum.com/ 12
elevant and key laws and judgments; however there are instances where the authors were aware of key judicial decisions and new laws but were unable to get any official or unofficial translations of these documents. Where relevant these new laws or decisions have been mentioned as an indication for readers of a key gap in the review. This review covers legal and jurisprudential developments in the research countries till September 2009 and does not reflect changes that have taken place since then. Further, as the review focuses on legal practice, it presents a significant yet incomplete picture of the progress or otherwise a country has made in advancing sexual health and human rights as it does not comment or report on the implementation of these laws and judgments. Thus, many of the research countries may have laws and judicial decisions representing good or even best practices but their implementation or lack thereof may not result in the actual fulfillment of human rights related to sexual health. 13
Page 1 and 2: THE INTERNATIONAL COUNCIL ON HUMAN
Page 3 and 4: 6. ACCESS TO HEALTH SERVICES IN REL
Page 5 and 6: ABBREVIATIONS AIDS ART ARV CEDAW CE
Page 7 and 8: in the regional reviews. This is a
Page 9 and 10: provide for information and distrib
Page 11: B. METHODOLOGY In keeping with the
Page 15 and 16: The inability of many sexually stig
Page 17 and 18: Equality irrespective of a person
Page 19 and 20: The centrality of women’s rights
Page 21 and 22: social standing, religious belief,
Page 23 and 24: according to the physical condition
Page 25 and 26: Constitutional Court in The Nationa
Page 27 and 28: protections or statutory law. There
Page 29 and 30: However it also noted that every Ri
Page 31 and 32: concerned with declaring that the h
Page 33 and 34: without guaranteeing the personal p
Page 35 and 36: to enlarge the meaning and content
Page 37 and 38: a concept has wider dimensions than
Page 39 and 40: Such conduct mentioned in clauses (
Page 41 and 42: embraced the complainant and asked
Page 43 and 44: does not sever the ties between the
Page 45 and 46: The potential recognition of same-s
Page 47 and 48: Similarly, seeking out sex educatio
Page 49 and 50: condom). Across such laws, the defi
Page 51 and 52: jurisdictions. Nepal, a country wit
Page 53 and 54: the conviction of the accused for s
Page 55 and 56: with an unmarried woman is not puni
Page 57 and 58: physical characteristics (virginity
Page 59 and 60: interventions and safeguards such a
Page 61 and 62: The opinion of the National Commiss
Page 63 and 64:
was married to she would acquire im
Page 65 and 66:
to consider the case of a woman see
Page 67 and 68:
oth parties and deems all marital p
Page 69 and 70:
female who has not attained 12 year
Page 71 and 72:
Article 16 of the Universal Declara
Page 73 and 74:
In Bangladesh, polygamy is allowed
Page 75 and 76:
immovable property. The above propo
Page 77 and 78:
consummation of marriage. The incap
Page 79 and 80:
Violence, especially sexual violenc
Page 81 and 82:
gender norms which many remand home
Page 83 and 84:
female or a female to a male. It in
Page 85 and 86:
from other forms of inequality as w
Page 87 and 88:
c. Whereas victims of violence in h
Page 89 and 90:
courts. 350 According to the Commis
Page 91 and 92:
The Act provides for the appointmen
Page 93 and 94:
Rani 383 it was held that a shared
Page 95 and 96:
The Act specifies imprisonment of 6
Page 97 and 98:
property jointly or separately held
Page 99 and 100:
upees or the amount of the dowry wh
Page 101 and 102:
however, is that, of the 10,000 dea
Page 103 and 104:
Addararachchi 439 the court conside
Page 105 and 106:
harassment, the Indian Supreme Cour
Page 107 and 108:
doer’s sexual desire by using doe
Page 109 and 110:
In holding that there was no justif
Page 111 and 112:
coerce or induce female inmates to
Page 113 and 114:
material or detain any person for t
Page 115 and 116:
consensual sexual activity with you
Page 117 and 118:
The fined amount is to be given to
Page 119 and 120:
the State and its citizens is one o
Page 121 and 122:
every person “the right against e
Page 123 and 124:
The law also includes the right of
Page 125 and 126:
eing committed. 570 While prosecuti
Page 127 and 128:
Broader provisions related to child
Page 129 and 130:
in order to engage the child in suc
Page 131 and 132:
her.” 631 A person is deemed to h
Page 133 and 134:
that they are denied the fundamenta
Page 135 and 136:
Indonesia’s Constitution recognis
Page 137 and 138:
In Thailand too, abortion is illega
Page 139 and 140:
With regard to the first question,
Page 141 and 142:
Further, any pregnant woman may vol
Page 143 and 144:
childbearing age to establish a hea
Page 145 and 146:
Government could not be held liable
Page 147 and 148:
among those in the reproductive age
Page 149 and 150:
Members' right to protect public he
Page 151 and 152:
7. INFORMATION, EDUCATION AND EXPRE
Page 153 and 154:
education as well as non-discrimina
Page 155 and 156:
The exchange of information through
Page 157 and 158:
community.” 727 In each case, the
Page 159 and 160:
Nepal’s Interim Constitution limi
Page 161 and 162:
Sections 292, 292A, 293 and 294 of
Page 163 and 164:
“...any interpretation of 'obscen
Page 165 and 166:
“1 (a) Condones or extenuates act
Page 167 and 168:
In Thailand, places of entertainmen
Page 169 and 170:
8. SEX WORK This section examines h
Page 171 and 172:
The use of raids, and exemptions fr
Page 173 and 174:
clients or make an offer for a sex/
Page 175 and 176:
and non-rehabilitative juvenile jus
Page 177 and 178:
“In view of the aforesaid proposi
Page 179 and 180:
person who commits the act are of t
Page 181 and 182:
as parent or guardian has given his
Page 183 and 184:
with one) on the charge that it was
Page 185 and 186:
for sex workers while emphasizing t
Page 187 and 188:
19. Azimuddin v State of Uttar Prad
Page 189 and 190:
1. Acid Control Act, 2002 2. Acid-O
Page 191:
13. Intellectual Property Act, 2003
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