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

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ACKNOWLEDGMENTS The authors acknowledge the help, support and guidance of numerous colleagues who extended their time, expertise and contacts without which this report would not have been possible. The authors were critically supported in their research by fellow researchers and colleagues who were part of the project – Hossam Bahgat, Simone Cusack, Stefano Fabeni, Sofia Gruskin, Alice Miller, Charles Ngwena, Esteban Restrepo Saldarriaga, Mindy Roseman, Carole Vance and Johanna Westeson. The staff at the WHO – Jane Cottingham, Kerry White and especially Eszter Kismodi who coordinated the entire global research project on Sexual Health & Human Rights. The authors are also grateful to the WHO for facilitating a presentation of the preliminary findings of this review at the VII Conference of the International Association for the Study of Sexuality, Culture and Society (IASSCS), entitled “Contested Innocence – Sexual Agency in Public and Private Space.” in Hanoi, Vietnam in April 2009. The authors are indebted for the invaluable support and assistance of the following persons in pointing them towards relevant materials for their research, obtaining key documents, particularly judgments and statutes related to the review and for clarifying their numerous doubts and questions: Bangladesh Sara K. Hossain (Lawyer) Adita Hasan (Lawyer) Tanim Hussian Shawon (Lawyer) India Asmita Basu (Lawyer) Gayatri Devi (Lawyer) Neha Tayshete (Lawyer) Indonesia WHO SEARO Office [UNFPA] Nepal The Forum for Women, Law and Development Blue Diamond Society Sri Lanka Lakmini Seneviratne (Lawyer) Thailand Pawinee Chumisree (Lawyer) General JD students from Harvard Law School (requested through Mindy Roseman) The authors are also grateful to several colleagues, too numerous to mention who assisted in establishing contacts. 4
ABBREVIATIONS AIDS ART ARV CEDAW CEDAW Committee CESCR Committee CRC CRC Committee FGM/FGC HIV HRC ICCPR ICESCR ILO IVF LGBTI NGO OSI SEARO STD STI UDHR UN UNAIDS UNGASS WHO Acquired Immune Deficiency Syndrome Assisted reproduction technology Antiretroviral Convention on the Elimination of All Forms of Discrimination against Women Committee on the Elimination of Discrimination against Women Committee on Economic, Social and Cultural Rights Convention on the Rights of the Child Committee on the Rights of the Child Female genital mutilation/female genital cutting Human Immunodeficiency Virus Human Rights Committee International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Labour Organisation In-vitro Fertilization Lesbian, Gay, Bisexual, Transgender & Intersex Non-Governmental Organization Open Society Institute South East Asia Regional Office Sexually Transmitted Disease Sexually Transmitted Infection Universal Declaration of Human Rights United Nations Joint United Nations Programme on HIV/AIDS United Nations General Assembly Special Session World Health Organization 5
Page 1 and 2: THE INTERNATIONAL COUNCIL ON HUMAN
Page 3: 6. ACCESS TO HEALTH SERVICES IN REL
Page 7 and 8: in the regional reviews. This is a
Page 9 and 10: provide for information and distrib
Page 11 and 12: B. METHODOLOGY In keeping with the
Page 13 and 14: elevant and key laws and judgments;
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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