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

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Indonesia 1. Act Concerning Manpower, Act of the Republic of Indonesia, Number 13, 2003 2. Anti-Pornography Law 3. Constitution of Indonesia, 1945 4. Indonesia’s Compliance with the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment: Issues for Discussion with the Committee Against Torture, 2008, Submitted by National Commission on Violence Against Women (KOMNAS PEREMPUAN) 5. Law Number 8 year 1992 regarding Film 6. Law of the Republic of Indonesia regarding Elimination of Violence in Household, 2004 7. Marriage Law, 1974 8. Regulation of the President of the Republic of Indonesia on the National Commission on Violence Against Women, Number 65 Of 2005 9. The Decree of the Minister of Manpower and Transmigration of the Republic Indonesia on HIV/AIDS Prevention and Control in the Workplace, 2004 10. Indonesia Law concerning Health No. 36/2009 Nepal 1. An Act to Amend Some Nepal Acts for Maintaining Gender Equality, 2006 2. Children’s Act, 1992 3. Domestic Violence (Crime & Punishment) Act, 2008 4. Electronic Transaction Act, 2006 5. Human Trafficking and Transportation (Control) Act, 2007 6. Interim Constitution of Nepal, 2007 - Articles 12, 13, 20, 22, 23, 27, 28, 29, 33, 34, 7. National Broadcasting Act, 1992 8. Nepal Country Code (“Muluki Ain”) 9. Press and Publication Act, 1991 10. The Human Rights Commission Act, 1997 11. The Treaty Act, 1990 12. Unpublished study and analysis on Sexuality and Rights undertaken by the Forum for Women, Law & Development, Nepal Sri Lanka 1. Adoption of Children Ordinance, 1941 2. Brothels Ordinance, 1889 3. Children & Young Persons (Harmful Publications) Act, 1956 4. Constitution of Sri Lanka, 1978 - Articles 11, 12, 13, 14, 15 5. Human Rights Commission of Sri Lanka Act, 1996 6. Kandyan Marriage & Divorce Act, 1952 7. Marriage Registration Amendment Act, 1995 8. Marriage Registration Ordinance, 1907 9. Muslim Marriage & Divorce Act, 1951 10. National Child Protection Authority Act, 1998 11. National Child Protection Authority Act, 1998 12. National HIV/AIDS Policy 190
13. Intellectual Property Act, 2003 14. Obscene Publications Ordinance, 1927 15. Penal Code, 1883 16. Prevention of Domestic Violence Act, 2005 17. The ICCPR Act, 2007 18. Vagrants Ordinance, 1842 Thailand 1. Act on Entertainment Places, B.E. 2509 (1966) 2. Act on Protection of Domestic Violence Victims, 2007 3. Anti-Trafficking in Persons Act B.E. 2551 (2008) 4. Child Protection Act, 2003 5. Constitution of Thailand, 2007 - Sections 5, 30, 38, 40, 44, 52 6. Civil and Commercial Code 7. Criminal Code, 1956 8. Criminal Code Amendment Act (No.19) B.E. 2550 (2007) 9. Guidelines for Persons Manifesting Confusion Concerning Their Sexual Identity or Desiring Treatment By Undergoing a Sex Change Operation, 2009 (Medical Council) 10. Labour Code, 2006 11. Labour Protection Act (No.2) B.E. 2551 (2008) 12. Medical Profession Act B.E. 2525 13. Prevention and Suppression of Prostitution Act, B.E. 2539 (1996) 14. Regulations of the Medical Council Concerning Ethics in the Medical Profession Rules for Treatment in Sex Change Operations, 2009 15. National AIDS Control Programme, Phase III, National AIDS Control Organisation, Ministry of Health and Family Welfare, India 16. Thailand Medical Profession Act B.E. 2525 17. Notification of the Department of Disease Control, Ministry of Public Health, Re: Exercising of Right under Drugs and Pharmaceuticals Products Patent For Combined Formulation of Lopinavir and Ritonavir, 24 January B.E. 2550 (2007), Unofficial Translation, published in ‘Facts and Evidences on the 10 Burning Issues Related to the Government Use of Patents on Three Patented Essential Drugs in Thailand,’ Ministry of Public Health and National Health Security Office, Thailand, February 2007. 18. Notification of the Department of Disease Control, Ministry of Public Health, Re: Exercising of Right under Drugs and Pharmaceuticals Products Patent, 29 November B.E. 2549 (2006) published in ‘Facts and Evidences on the 10 Burning Issues Related to the Government Use of Patents on Three Patented Essential Drugs in Thailand,’ Ministry of Public Health and National Health Security Office, Thailand, February 2007. 191
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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
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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: 1. Acid Control Act, 2002 2. Acid-O
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