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LGBTIQ

A.S. v. Denmark

A.S., a Uganda national, applied for asylum in Denmark.  She claimed she was wanted in Uganda and at risk of being killed there because she was a lesbian.  She was forced to marry a man and have three children, and when he died, she made a living working in a bar frequented by lesbians.  Three men made advances to her in the bar, she turned them down, and they became aggressive.  Her home was ransacked and burned, her belongings were stolen, and the police looked for her, including at her mother’s house.

Ação Direta de Inconstitucionalidade 4275 (Direct Action of Unconstitutionality)

Brazil’s Supreme Court decided by a majority that transgender individuals could change their legal name and gender originally included in their civil registry, without the presentation of psychological or medical evaluation, hormonal treatment, transition surgery, or any other medical procedure. The majority understood that no judicial authorization is necessary for the amendment, stating only a self-written report of the trans person is sufficient to change his/her legal name.

Adoption (Amendment) Act 2017

The 2017 Act amends and extends the law in relation to the adoption of children and made conforming amendments to other legislation.  Among other things, the Act, in conjunction with the Children and Family Relationships Act 2015 (available here), enables adoption by same-sex couples. The Act, in particular, amends use of heterosexual phrases in legislation, introducing more neutral terminology for words such as “parent” and “relative” (Section 3).

Algemene wet gelijke behandeling (Equal Treatment Act)

This Act prohibits both direct and indirect discrimination between men and women. Direct discrimination includes discrimination based on pregnancy, childbirth, or motherhood, and indirect discrimination is based other characteristics that result in sex discrimination. The Act covers discrimination in employment, equal pay and pension schemes, and excludes discrimination aimed at placing women in a privileged position or occupations in which sex is a determining factor because of the nature of the occupation in question.

Anti-Discrimination Law of 10 May 2007

The Anti-discrimination Law of 10 May 2007 prohibits discrimination (other than gender-based discrimination, which is the subject of the Gender Law) on the basis of several criteria, including sexual orientation. In line with the Gender Law, differences and positive action are only allowed under strict conditions and if justified by a legitimate aim. Victims, as well as the Centre for Equal Opportunities and Combatting Discrimination and Racism created by the Law of 15 February 1993, can take legal action.

Appellant S395/2002 v. Minister of Immigration and Citizenship

The appellants, both homosexual male citizens of Bangladesh, arrived in Australia and applied for protection visas. To be recognized as refugees, the appellants had to show that they had a well-founded fear of being persecuted due to their race, religion, nationality, membership in a particular social group, or political opinion. The appellants argued that they belonged to a “particular social group” that was subject to discrimination and harm in Bangladesh by virtue of their homosexuality.

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