Publications on sexuality and law

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  • Case Study: Sexual and Reproductive Health Rights of Women Living with HIV in South Africa

    • This case study presents five examples of the violation of sexual and reproductive health rights of women living with HIV, and explores the underlying causes and dynamics. 
    • The review presents a number of key recommendations for South African activists, the South African government, and international donors such as measures to harmonise existing policies to fit the needs of women living with HIV
    • Establish and institutionalise rights-based training for health care workers and to institute redress mechanisms for women whose rights have been violated
  • BOOSHTEE! Survival and Resilience in Ethiopia

    • Homosexuality is illegal in Ethiopia, same-sex behaviour is not prosecuted because the government views it as a low law enforcement priority 
    • The illegality of same-sex relations continues to drive and justify social and economic exclusion and human rights abuses of same-sex attracted people
  • Negotiating Public and Legal Spaces: The Emergence of an LGBT Movement in Vietnam

    • Over the past five years there has been a big increase in the public visibility of LGBT persons and civil society organisations. The first LGBT Pride event was held in 2012 in spite of legal restrictions on peaceful assembly.
    • Laws regarding family and marriage are selectively enforced. While same-sex marriage is prohibited by law, some couples are able to hold unofficial wedding ceremonies without being fined.
  • Case Study: A Progressive Constitution Meets Lived Reality: Sexuality and the Law in South Africa

    • In the South African legal context, hate crimes are not yet recognised as a specific category, despite high levels of physical and sexual assault based on sexual orientation or gender identity.
    • Homophobia, conservatism and a weak rule of law have made it difficult for gay, lesbian and transgender people to realise their rights as enshrined in the South African Consitution.   
  • Case Study: The legal status of the Anti Homosexuality Bill in Uganda

    • The Anti-Homosexuality Bill in Uganda contains a number of provisions that, for legal reasons, are nearly impossible to implement. Two examples include:
      1. The difficulty of collecting evidence as there is no 'complainant' for sex between consenting adults;
      2. The punishment is 'disproportionate' under criminal law as there is no vicitm of the 'crime' of homosexuality between consenting adults.
  • Development, Discourse and Law: Transgender and Same-Sex Sexualities in Nepal

    • In 2011, Nepal became the first country in the world to add a third category in addition to male and female in the national population and housing census. Since 2013, the state have begun to issue citizenship documents listing a third gender.
    • While this affirms the equal citizenship rights of third gender people in Nepal, they continue to experience explicit prejudice, lack of economic opportunity and familial rejection. 
  • Politically Motivated Sexual Assault and the Law in Violent Transitions: A Case Study from Egypt

    • The current legal system does not recognise men as victims of sexual assault.