Asia

This law criminalizes the act of human trafficking and sets out minimum and maximum sentencing standards (up to 15 years) for its various permutations, such as in assisting or abetting such a crime. It also states that Indonesia will cooperate with regional and international authorities in order to thwart any actions relating to human trafficking and sexual exploitation.

The law on elimination domestic violence defines “domestic violence” in Indonesia. Specifically, it includes sexual and physical abuse as well as negligence of the household. The law sets out the rights of the victims to seek protection, the burden on the government and the public to stop actions of domestic violence and provide the required protection and assistance to recovery. The law also sets out the criminal penalty for acts of domestic violence.

Article 75(2) of this law prohibits abortion except for the case of medical emergency or rape. 

Pasal 75(2) dari peraturan ini melarang aborsi kecuali berdasarkan indikasi kedaruratan medis atau perkosaan.

Petitioners applied for constitutional review of Article 781(1) of the Civil Code which stated that "a child shall follow the family name of the father."  The Constitutional Court held that the civil code provision requiring a child to follow the father's family name is unconstitutional.  The court held that "such unilateral requirement to follow the father's family name and disallow use of the mother's name violates individual dignity and sexual equality."  In addition, the court held that "forcing one to use only his original father's family name and not allowing a name cha

On April 28, 1984 four or five men took Ms. Sitarani Jha from a bus stop to a house under construction and two of the men forcibly raped her. The trial court determined that the prosecution had not proven the case beyond a reasonable doubt. The case was appealed and the high court determined that the defendants were guilty under section 376/34 of the India Penal Code. The case was brought before the Supreme Court to determine if the high court erred in finding the appellants guilty of rape, because no physical injuries were found on the private parts of the victim’s body.

A woman filed charges of domestic abuse against her husband and mother-in-law. The mother-in-law argued that she could not be charged under India's 2005 Protection of Women from Domestic Violence Act because the person to be charged is specifically defined as male. The High Court denied this claim, holding that although the law defines adult men as the primary defendants, it allows the complaint to charge a man's relatives as secondary defendants.

The plaintiff was a registered veterinary surgeon who had been found guilty of violating a provision of the Veterinary Surgeons Registration Ordinance after complaints that he had sent sexually inappropriate text messages to a co-worker. He argued that, because the co-worker was not a patient or customer of the clinic where they both worked, her complaints were not within the scope of the ordinance. The court dismissed his argument, finding that the ordinance was meant to be broad in scope and covered such misconduct.

The appellant challenged a Seremban High Court recovery order arising from a civil marriage contracted in 2003 and his subsequent conversion to Islam in 2012. After the appellant secured a Syariah Court custody order in September 2013, the wife petitioned the civil High Court in December 2013 for divorce and custody; the High Court dissolved the marriage and granted her custody. When the children were handed to her on 7 April 2014, the husband removed the younger child two days later, prompting her successful application for a recovery order under section 53 of the Child Act 2001.

This case involved a public interest petition filed by a group of NGOs for enforcement of the Constitution's protection of women's rights and international women's rights norms. The victim was gang-raped and before the rape had complained of 13 to the authorities, but there was no response. The court held that 13 is a violation of gender equity and the right to life and liberty and the government must provide safeguards to prevent such harassment from happening.

This report provides an overview of Georgian law regarding the discrimination against and the violation of human rights for members of the LGBTQ community. The letter is written by the UN’s Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, and assesses the implementation of existing and national and international human rights standards to combat violence and discrimination based on sexual orientation and gender identity.