Johanna Westeson - The ICHRP

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- Act LXIX of 1999 on Violation of Administrative Rules - Decree 41/1999 ( IX.8.) of the Minister of Health Iceland - Act on Registered Partnership, No. 87, 12 June 1996 - Law 65/2000, amending Icelandic Act on Registered Partnership, 27 June 2006 Ireland - Criminal Law (Sexual Offences) Act 1993, No. 20/1993 - Criminal Law (Rape) Act 1981, no. 10/1981 - Criminal Law (Rape) (Amendment) Act 1990, no. 32/1990 - Child Trafficking and Pornography Act, no 22/1998 - Criminal Law (Human Trafficking) Act 2008, no 8/2008 - Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking (secondary legislation), 7 June 2008 - Regulation of Information (Services outside the State for the Termination of Pregnancies) Act 1995, No 5/1995 Israel - <strong>The</strong> Prevention of Sexual Harassment Law, 5758 – 1998, 10 March 1998 Italy - Penal Code, of 19 October 1930 - Act no. 164 of 14 April 1982, on regulations regarding the rectification of the attribution of sex - Act of 15 February 1996 no. 66, on regulations against sexual violence - Act of 5 August 1981, no. 442, repealing the relevance of honor in criminal matters Kazakhstan - Law of the Republic of Kazakhstan dated December 17, 1998 No. 321-1 "Marriage and the Family" - Order No. 435: On the guidelines of medical investigation of people with gender identification disorders (Order of the Minister of Health of the Republic of Kazakhstan), 3 June 2003 Lithuania - Law on the Protection of Minors Against the Detrimental Effect of Public Information (2010) Moldova - Law on Preventing and Combating Trafficking in Human Beings, No. 241-XVI, 20 October 2005 - Law on Prevention and Control of HIV/AIDS, No. 23-XVI, 16 February 2007 Netherlands - Penal Code, 3 March 1881 - Civil Code - Act on reception of foreign children for adoption, 8 December 1988 - Act of 21 December 2000 amending Book 1 of the Civil Code (adoption by persons of the same sex) - General anti-discrimination law, 2 March 1994 - Law on the termination of pregnancy of 1 May 1981 - Decree of 17 May 1984 laying down provisions for the implementation of the Law on the termination of pregnancy (Government decree) - Public Health Act, 460 Act of 9 October 2008 - 461 Decree of 27 October 2008, laying down new requirements regarding public health matters (Public Health Decree) (Government decree) Norway - Criminal Code, LAW-1902-05-22-10 - Act on Children and Parents (Children Act), LAW-1981-04-08-7 - Act on marriage, LAW-1991-07-04-47 - Act N° 74 of 15 December 1995 on the prohibition of genital mutilation, LAW-1995-12-15-74 - Child Protection Act, LAW-1992-07-17-100 294
Portugal - Law No 6/2001 of 11 May on measures of protection for persons who live with shared economy - Law 59/2007, amending the Penal Code, 4 September 2007 - Law 120/99: Strengthening the Guarantee of Access to Reproductive Health, 11 August 1999 - Government Decree 259/2000, 17 October 2000 - Law 3/84: Sexual education and family planning, 24 March 1984 - Law 60/2009 of 6 August: Establishing a regime to be applied to sexual education in schools, 6 August 2009 Russia - Law on Prevention of the Spread in the Russian Federation of Illness Caused by Human Immunodeficiency Virus (HIV), 30 March 1995 - Federal Law on the Legal Status of Foreign Citizens in the Russian Federation, 21 June 2002 - On Approval of List of Employees for Individual Occupations, Industries, Enterprises, Institutions and Organizations that Pass a Compulsory Medical Examination to Detect HIV Infection During the Mandatory Pre-Admission for Employment and Periodic Medical Examinations, Government Resolution No 877, 4 September 1995 - Criminal Code (1996) - Family Code (1995) - Fundamentals of Legislation on Health Care, No. 5487-1, 22 July 2007 - Government Resolution No. 485, 11 August 2003, on abortion Serbia - Law on the Prohibition of Discrimination, April 2009 - Criminal Code, Nos. 85/2005, 88/2005, 107/2005 - Slovenia - Law of 20 April 1977 on medical measures to implement the right to a free decision regarding the birth of children Spain - Law 12/2009, of 30 October, regulating the right to asylum and subsidiary protection, No. 17242, 30 October 2009 - Law 13/2005, of 1 July, by which the Civil Code is modified in the area of the right to contract marriage, 1 July 2005 - Law 21/1987, of 11 November, through which certain articles in the Civil Code and the Civil Procedural Code are modified in the area of adoption, 11 November 1987 - Law 14/2006, of 26 May, on techniques of assisted human reproduction, 26 May 2006 - Law 3/2007, of 15 March, regulating the correction of the appearance in registries of the sex of persons, 15 March 2007 - Law 15/2005, of 8 July, through which the Civil Code and the Civil Procedural Law are modified in the area of separation and divorce, 8 July 2005 - Organic Law 10/1995, of 23 November, of the Penal Code (Spanish Penal Code) Sweden - Discrimination Act (2008:567), 5 June 2008 - Law (2009:253) amending the Marriage Code, 2 April 2009 - <strong>The</strong> Children and Parents Code (1949:381) - Cohabitation Act (2003:376), 12 June 2003 - Genetic Integrity Act (2006:351), 18 May 2006 - Penal Code (1962:700) - Communicable Diseases Act (2004:168), 7 April 2004 Switzerland - Penal Code, of 21 December 1937 Tajikistan - Criminal Code of the Republic of Tajikistan - Family Code of the Republic of Tajikistan, 29.04.2006r., No.183 295
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SEXUAL HEALTH AND HUMAN RIGHTS: EUR
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ACKNOWLEDGMENTS This report was wri
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In choosing these eight topics, and
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amputation, or arbitrary imprisonme
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headquarters situated in Strasbourg
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unfounded applications: the applica
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margin. 18 This standard has been k
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financial, and democratic supervisi
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EU and the Euro as its currency. Th
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3. Domestic legal systems As mentio
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METHODOLOGY The WHO project on sexu
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Because this report, and the projec
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grounds for discrimination. Gender
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assume large parts of her household
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In Lustig-Prean and Beckett v. the
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asis of family responsibilities (Ar
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promote social justice and protecti
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ground that the scheme did not cove
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ut also to discrimination arising f
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Many constitutions call for equalit
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The three criminal provisions inclu
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eassignment is defined broadly, ref
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iv.4. Gender identity discriminatio
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harassed workers out of their emplo
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epealed accordingly, but the conten
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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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Page 255 and 256: a democratic society, the Court rei
Page 257 and 258: 3. European Union The issues of sex
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Page 261 and 262: 5. Concluding remarks The European
Page 263 and 264: conveyed via texts, images, and spe
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Page 267 and 268: considered necessary in a democrati
Page 269 and 270: 3. European Union The Council of th
Page 271 and 272: In 2008, the Criminal Justice and I
Page 273 and 274: By contrast, in Baczkowski, the Cou
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Page 277 and 278: Other legal regimes are more rights
Page 279 and 280: The Assembly recommends Council of
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Page 283 and 284: number. 896 As of late October 2009
Page 285 and 286: offence only if it includes exploit
Page 287 and 288: Zoning laws are determined by local
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Page 293: DOMESTIC Albania - Law no. 9669 of
Page 297 and 298: APPENDIX II: TABLE OF CASES Within
Page 299 and 300: - Gabrielle Defrenne v Société An
Page 302 and 303: APPENDIX IV: SELECT BIBLIOGRAPHY Ha
Page 304: STI AIDS Netherlands, “A Delicate
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Johanna Westeson - The ICHRP

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