Johanna Westeson - The ICHRP

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STI AIDS Netherlands, “A Delicate Balance: <strong>The</strong> State of Affaire of HIV and Other STIs in the Netherlands,” 2004 TAMPEP, “Sex Work in Europe. A mapping of the prostitution scene in 25 European countries,” 2009 TAMPEP, “Sex Work, Migration, Health: A Report on the Intersections of Legislations and Policies Regarding Sex Work, Migration, and Health in Europe,” 2009 Temkin, Jennifer, Rape and the Legal Process, Oxford, 2002 Mario Vincovic, “Gender Equality and the process of harmonisation of the Croatian Labour Law.” Croatian Yearbook of European Law and Policy, Vol. 1. No. 1. May 2005 Linda Weil-Curiel, “Female Genital Mutilation in France: a Crime Punishable by Law,” in Susan Perry and Celeste Marguerite Schenk (eds), Eye to Eye: Women Practicing Development Across Cultures, London, 2001 Stephen Whittle et al, Transgender EuroStudy: Legal Survey and Focus on <strong>The</strong> Transgender Experience of Health Care, Transgender Europe and ILGA-Europe, 2008 Women for Women’s Human Rights (WWHR) – New Ways, “Turkish Civil and Penal Code Reforms from a Gender Perspective: the Success of Two Nationwide Campaigns,” February 2005 Zhores A. Medvedev, “Evolution of Aids Policy in the Soviet Union: Serological Screening 1986-7.” BMJ. 1990 March 31; 300(6728): 860–861 Petra Östergren, “Sexworkers Critique of Swedish Prostitution Policy,” 2004 304
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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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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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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
Page 265 and 266: images can be easily known from the
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
Page 275 and 276: however, the dominance of criminali
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 and 294: DOMESTIC Albania - Law no. 9669 of
Page 295 and 296: Portugal - Law No 6/2001 of 11 May
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
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Johanna Westeson - The ICHRP

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