Johanna Westeson - The ICHRP

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3F. Tests and conditions placed on marriage 132 3G. Incest 134 4. GENDER IDENTITY, GENDER EXPRESSION, AND INTERSEX 138 4A. Civil registration and names 141 4B. Access to health services, including insurance coverage 152 4C. Intersex 160 5. VIOLENCE AS RELEVANT FOR SEXUAL HEALTH 163 5A. Domestic and intimate partner violence 160 5B.1. Sexual violence (adults) 174 5B.2. Sexual violence and exploitation of children 190 5C. Female genital mutilation 199 5D. Hate crimes, police brutality and failure to respond 204 5E. Honor crimes 211 5F. Sexual exploitation and trafficking 218 6. ACCESS TO HEALTH SERVICES IN RELATION TO SEX AND SEXUALITY 230 6A. Abortion and contraceptives 232 6B. Access to STI and HIV/AIDS services 242 7. EDUCATION, INFORMATION, AND EXPRESSION RELATED TO SEX AND SEXUALITY 250 7A. Sexuality education and information 250 7B. Sexual expression 262 8. SEX WORK 273 APPENDIX I: LAWS AND REGULATIONS 302 APPENDIX II: TABLE OF CASES 307 APPENDIX III: REGIONAL NON-BINDING MATERIAL 311 APPENDIX IV: SELECT BIBLIOGRAPHY 312 2
ACKNOWLEDGMENTS This report was written by Johanna Westeson, J.D. (Uppsala University), LL.M (Columbia Law), currently working at the Swedish NGO Foundation for Human Rights in Stockholm, Sweden [as of September, 2010]. Invaluable assistance and support was provided by numerous people, who facilitated the research and elaboration of the report and made its finalization possible. Research assistance has been provided by Adrienn Esztervari, Corey Freeman, Jessica Juarez, Edi Kinney, Oksana Shevchenko, and Doina Ioana Straisteanu. Special thanks go to Adrienn, Corey, and Edi for agreeing to take on difficult research tasks until the very end of the project and for being willing constantly to revisit their work and to clarify complicated points on short notice. I am indebted to Stefano Fabeni for his first concept paper that served as a useful point of departure for this report, for his insightful and thought-provoking comments on the text, and for agreeing to prepare a draft for the regional introduction. Similarly, the report would have been difficult to finalize without the extremely useful comments and advice given during the WHO expert meeting in Berkeley, in January 2010. Special thanks to Esteban Restrepo for his encouragement and carefully worded advice on how to improve the text and sharpen the analysis. Several experts in the European region provided invaluable help clarifying contents of laws or cases and accessing legal material. I wish to express my gratitude to Birgit Haller at the Institute for Conflict Research in Vienna, Austria; Tom Vander Beken at the Institute for International Research on Criminal Policy, Ghent University, Belgium; Anna Kirey at Labrys in Bishkek, Kyrgyzstan; Marianne van der Sande at the Centre for Infectious Disease Control in Bilthoven, the Netherlands; Kees Waaldijk at Leiden School of Law, the Netherlands; André den Exter at the Institute for Health Policy and Management, Erasmus University, Rotterdam, the Netherlands; Peter de Wit, Rutgers Nisso Groep, Utrecht, the Netherlands; Ana Inácio at the Association for Family Planning in Lisbon, Portugal; Dragana Vuckovic at Labris in Belgrad, Serbia; Pinar Ilkkaracan at Women for Women’s Human Rights – New Ways in Istanbul, Turkey; Maxim Anmeghichean at ILGA-Europe; Nigel Warner, Council of Europe advisor for ILGA-Europe; Licia Brussa at TAMPEP Europe; Juliana Cano at Human Rights Watch; and Christina Zampas at the Center for Reproductive Rights. The responsibility for such errors as remain is of course my own. The text of the report was hugely improved through careful proofreading and review by Katherine Gordy, Kristina Holm, and Benjamin Martin. Thank you so, so much. I also want to express my gratitude to Eleanor Taylor-Nicholson, who in a commendable fashion prepared the case and law summaries for the database accompanying this report. Finally, I would have given up a long time ago had it not been for the unwavering support and encouragement of Alice Miller, Berkeley School of Law, Carole Vance, Columbia University, and Eszter Kismodi, WHO in Geneva. Thank you for entrusting me with this challenging, frustrating, and endlessly fascinating task and for believing in my ability to complete it. This report is dedicated to my dear friend Linda Sjögren, an outstanding medical doctor who was passionately committed to women’s sexual health until the very end. 3
Page 1: SEXUAL HEALTH AND HUMAN RIGHTS: EUR
Page 5 and 6: In choosing these eight topics, and
Page 7 and 8: amputation, or arbitrary imprisonme
Page 9 and 10: headquarters situated in Strasbourg
Page 11 and 12: unfounded applications: the applica
Page 13 and 14: margin. 18 This standard has been k
Page 15 and 16: financial, and democratic supervisi
Page 17 and 18: EU and the Euro as its currency. Th
Page 19 and 20: 3. Domestic legal systems As mentio
Page 21 and 22: METHODOLOGY The WHO project on sexu
Page 23 and 24: Because this report, and the projec
Page 25 and 26: grounds for discrimination. Gender
Page 27 and 28: assume large parts of her household
Page 29 and 30: In Lustig-Prean and Beckett v. the
Page 31 and 32: asis of family responsibilities (Ar
Page 33 and 34: promote social justice and protecti
Page 35 and 36: ground that the scheme did not cove
Page 37 and 38: ut also to discrimination arising f
Page 39 and 40: Many constitutions call for equalit
Page 41 and 42: The three criminal provisions inclu
Page 43 and 44: eassignment is defined broadly, ref
Page 45 and 46: iv.4. Gender identity discriminatio
Page 47 and 48: harassed workers out of their emplo
Page 49 and 50: epealed accordingly, but the conten
Page 51 and 52: and reactive) steps to protect the
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features of sexual harassment have
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harassment to make a claim against
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4. Regional non-binding material Th
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he or she he has “no disease caus
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In other European countries, calls
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Article 10 addresses reasons for pe
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her country of origin and cannot re
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compromised medical privacy or doub
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whether or not the participants wer
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uns contrary to EU non-discriminato
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provision criminalizing sexual rela
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2B. CRIMINALIZATION OF HIV TRANSMIS
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Swedish courts had determined that
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infected the women. In the lower co
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Several prosecutions of cases of HI
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unprotected sex), and can prohibit
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The case, when reaching the Court,
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material on the internet blurring,
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a balancing act on behalf of the le
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4. Domestic legislation, case law,
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5. Concluding remarks Given the sca
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2. Council of Europe Jurisprudence
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leaves room for forced examinations
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3A. SAME-SEX MARRIAGE, PARTNERSHIP,
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The Court made clear that there is
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extend the scope of this Convention
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violating the principle of non-disc
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held that the law was introducing a
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In France, registered partnership i
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eform. Thus, allowing for same-sex
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woman have the right to marry accor
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The law makes clear that the two pa
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opposite sex. While the Hungarian,
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In the European region, divorce is
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5. Concluding remarks In Johnson, t
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concern that such legislation could
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exceptions: countries that have cho
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3E. POLYGAMY/POLYGYNY 1. Introducti
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4. Domestic legislation In France,
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In relation to the above, it is rel
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In the European region, there are f
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United Kingdom, 414 the Court consi
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(2) Whoever completes an act of sex
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characteristics are important featu
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discrimination, whereas laws agains
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2. Council of Europe Jurisprudence
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It is possible but not certain that
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When an application has been grante
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Case law: partnership rights for pr
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investigation and the provision of
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In a couple of decisions, the Europ
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very practical aspect of gender ide
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Case law: the right to respect for
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pathologizing the issue of transsex
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gender. Specific legal issues invol
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concerning their young child. Howev
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world, with work, health services,
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on repeated occasions from her husb
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Similarly, the European Commission
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a person who has been acquitted of
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[w]hoever, on repeated occasions or
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International human rights standard
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In M.C. v. Bulgaria, 523 the applic
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With regard to the failure to effec
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Italy offers another example in the
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In Russia, the Supreme Court has pr
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testimony of the victim in rape tri
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number and passport details within
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condemnation of immunity for marita
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some regions have exempted from pen
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The 2007 Council of Europe Conventi
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European Social Charter and the Eur
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takes place, or whether the prosecu
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either to persons who were in fact
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permanently changes them will be se
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6. Concluding remarks European laws
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event of police abuse, on the other
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Greece illustrates this trend. In 2
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(a) must treat the fact that the of
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5E. HONOR CRIMES 1. Introduction Pr
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making provision for penalties to b
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that a decision of the family assem
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(Article 62.2). Mitigation of the s
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persons, regardless of what kind of
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purpose of exploitation) (Art. 4a).
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victims will be granted “standard
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e guilty of an offence, if the traf
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expanded. For example, a victim can
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last decade, on regional as well as
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sexual health services interacts wi
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provide abortion services at a mini
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Convention. These procedures, the C
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5. Domestic legislation and case la
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pregnant woman is disabled or dies
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document the patient’s opportunit
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Generally, it has been difficult to
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2. to provide advisory and educatio
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not anonymous) treatment even thoug
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5. Concluding remarks It is difficu
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information about contraceptive met
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sex with women) is to provide insuf
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a democratic society, the Court rei
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3. European Union The issues of sex
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eduction of sexual risks, the fight
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5. Concluding remarks The European
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conveyed via texts, images, and spe
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images can be easily known from the
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considered necessary in a democrati
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3. European Union The Council of th
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In 2008, the Criminal Justice and I
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By contrast, in Baczkowski, the Cou
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however, the dominance of criminali
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Other legal regimes are more rights
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The Assembly recommends Council of
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Netherlands, when they had not prev
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number. 896 As of late October 2009
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offence only if it includes exploit
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Zoning laws are determined by local
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sexual intercourse, but other forms
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sex workers (like other adults) hav
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DOMESTIC Albania - Law no. 9669 of
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Portugal - Law No 6/2001 of 11 May
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APPENDIX II: TABLE OF CASES Within
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- Gabrielle Defrenne v Société An
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APPENDIX IV: SELECT BIBLIOGRAPHY Ha
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STI AIDS Netherlands, “A Delicate
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Johanna Westeson - The ICHRP

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