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

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64. Smt. Saroj Rani v. Sudharshan Kumar Chadha AIR 1984 SC 1562 65. Sharda v. Dharmpal MANU/SC/0260/2003 66. Surjit Singh Thind v. Kanwaljit Kaur MANU/PH/0848/2003 67. Suchita Srivastava and Anr. v. Chandigarh Administration. MANU/SC/1580/2009 68. Novartis AG and another v. Union of India and others, W.P. Nos 24759 and 24760 of 2006, High Court of Madras (Date of Judgment: 6 August 2007). 69. Boehringer Ingelheim v. Indian Network for People Living with HIV/AIDS (INP+) and Positive Womens Network (PWN), In the matter of an application for patent having no. 2485/DEL1998, Delhi Patent Office, 11 June 2008 Indonesia 1. Decision Number 29/PUU-V/2007 Nepal 1. SUNIL Babu Pant v Government of Nepal (2007) at http://njanepal.org.np/Anex_2.pdf 2. FWLD v Government of Nepal and others (2006) 3. Rajendra Thapalia vs. General Manager (Personnel) T.R. Bhatta, on behalf of the Management of the Royal Casino Royal (Nepal Supreme Court) 4. Sharmila Parajuli et al v Government of Nepal (2002) 5. FWLD v Government of Nepal (2002) Sri Lanka 1. Kathubdeen v Republic of Sri Lanka (1998) 2. Inoka Gallage v Kamal Addararachchi (2002) 3. Piyasena et al. v The Attorney General (1986) 4. Pieris v Magrida Fernando et al (1895) 5. Mrs. Dorothy Silva v Inspector of Police, City Vice Squad, Pettah (1977) 6. Eliyatamby v Wijeylath Menika (1934) 7. Podinona v Haniffa (1953) 8. Wijenayahe v Amerasena (1999) 9. Ratnayake v Mediwaka (2004) 10. Danny v Sirinimal Silva (2000) 11. WH Agnes Nona v Palipana (1969) 12. Soosaipillai v Parpathipillai (1985) 13. Jonathan Joseph v June de Silva (1990) 14. Wijesundera v Wijekoon (1990) 15. Kottabadu Durage Sriyani Silva v Chanaka Iddamalgoda and others 16. Gerald Perera v. Suraweera 2003 1SLR 317. 17. Special Determination of the Supreme Court on the Bill on Intellectual Property, No. 14/2003, No. 15/2003 and No. 16/2003 LEGISLATION, POLICIES, REGULATIONS, COMMENTARIES This section contains a country-wise list of domestic legislation referenced in this report. Hard copies of legislation not available electronically are on file with the author. Bangladesh 188
1. Acid Control Act, 2002 2. Acid-Offences Prevention Act, 2002 3. Certification of Films Act, 1963 4. Constitution of Bangladesh, 1972 - Articles 17, 27, 28, 29, 34(1), 39 5. Dissolution of Muslim Marriages Act, 1939 6. Divorce Act, 1869 7. Dowry Prohibition Act, 1980 8. Labour Act, 2006 9. Muslim Family Laws Ordinance, 1961 10. National Policy on HIV/AIDS and STD Related Issues, 1995 11. Parsi Marriage and Divorce Act, 1936 12. Penal Code, Sections 375, 376, 377 13. Special Marriages Act 14. Suppression of Immoral Traffic Act, 1933 15. Suppression of Violence Against Women and Children Act, 2000 India 1. Bombay Police Act, 1951 2. Commission for Protection of Child Rights Act, 2005 3. Constitution of India, 1950 4. Dowry Prohibition Act, 1961 5. Dramatic Performances Act, 1876 6. Goa Children’s Act, 2003 7. Guardians and Wards Act, 1890 8. Hindu Adoptions & Maintenance Act, 1956 9. Hindu Marriage Act, 1955 10. Hindu Minority & Guardianship Act, 1956 11. Immoral Traffic Prevention Act, 1956 12. Indecent Representation of Women (Prohibition) Act, 1986 13. Indian Christian Marriage Act, 1872 14. Indian Evidence Act, 1872 - Sections 113-A, 113-B 15. Indian Penal Code, 1860 - Sections 268, 292, 292A, 293, 294, 304B, 306, 320, 354, 366A, 372, 375, 376, 376A, 376B, 376C, 376D, 377, 509 16. Information Technology Act, 2000 17. Justice Malimath Committee on Reform of the Criminal Justice System (Volume 1, March 2003) 18. Juvenile Justice Act, 2000 19. Maternity Benefits Act, 1961 20. Medical Termination of Pregnancy Act, 1971. 21. National Aids Prevention and Control Policy, 2007 22. Parsi Marriage and Divorce Act, 1936 23. Patents Act, 1970 24. Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 25. Prohibition of Child Marriage Act, 2006 26. Protection of Human Rights Act, 1993 27. Protection of Women from Domestic Violence Act, 2005 28. The Law Commission of India Report (No. 172 of 2000) 29. West Bengal Correctional Services Act, 1992 189
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THE INTERNATIONAL COUNCIL ON HUMAN
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6. ACCESS TO HEALTH SERVICES IN REL
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ABBREVIATIONS AIDS ART ARV CEDAW CE
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in the regional reviews. This is a
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provide for information and distrib
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B. METHODOLOGY In keeping with the
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elevant and key laws and judgments;
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The inability of many sexually stig
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Equality irrespective of a person
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The centrality of women’s rights
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social standing, religious belief,
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according to the physical condition
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Constitutional Court in The Nationa
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protections or statutory law. There
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However it also noted that every Ri
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concerned with declaring that the h
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without guaranteeing the personal p
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to enlarge the meaning and content
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a concept has wider dimensions than
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Such conduct mentioned in clauses (
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embraced the complainant and asked
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does not sever the ties between the
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The potential recognition of same-s
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Similarly, seeking out sex educatio
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condom). Across such laws, the defi
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jurisdictions. Nepal, a country wit
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the conviction of the accused for s
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with an unmarried woman is not puni
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physical characteristics (virginity
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interventions and safeguards such a
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The opinion of the National Commiss
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was married to she would acquire im
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to consider the case of a woman see
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oth parties and deems all marital p
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female who has not attained 12 year
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Article 16 of the Universal Declara
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In Bangladesh, polygamy is allowed
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immovable property. The above propo
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consummation of marriage. The incap
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Violence, especially sexual violenc
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gender norms which many remand home
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female or a female to a male. It in
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from other forms of inequality as w
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c. Whereas victims of violence in h
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courts. 350 According to the Commis
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The Act provides for the appointmen
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Rani 383 it was held that a shared
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The Act specifies imprisonment of 6
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property jointly or separately held
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upees or the amount of the dowry wh
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however, is that, of the 10,000 dea
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Addararachchi 439 the court conside
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harassment, the Indian Supreme Cour
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doer’s sexual desire by using doe
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In holding that there was no justif
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coerce or induce female inmates to
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material or detain any person for t
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consensual sexual activity with you
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The fined amount is to be given to
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the State and its citizens is one o
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every person “the right against e
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The law also includes the right of
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eing committed. 570 While prosecuti
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Broader provisions related to child
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in order to engage the child in suc
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her.” 631 A person is deemed to h
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that they are denied the fundamenta
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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: 19. Azimuddin v State of Uttar Prad
Page 191: 13. Intellectual Property Act, 2003
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