Related Research Articles
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults.
Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three years, during which approximately 100 gay and bisexual men were questioned by police.
Dudgeon v United Kingdom (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885, which criminalised male homosexual acts in England, Wales and Northern Ireland, breached the defendant's rights under Article 8 of the European Convention on Human Rights.
R v Brown[1993] UKHL 19, [1994] 1 AC 212 is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm. The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative. The acts involved included the nailing of a part of the body to a board, but not so as to necessitate, strictly, medical treatment.
X. v. the United Kingdom was a 1978 case before the European Court of Human Rights, challenging the Sexual Offences Act 1956 in the United Kingdom. The case addressed privacy protections and age of consent laws for homosexuals.
Sutherland v United Kingdom originated as a complaint by Mr Euan Sutherland to the European Commission of Human Rights that the fixing of the minimum age for lawful homosexual activities at 18 rather than 16, as for heterosexual activities, violated his right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was first filed on 8 June 1994 and ultimately led to the equalisation of the age of consent for homosexual and heterosexual acts.
S.L. v. Austria was a case in the European Court of Human Rights concerning the age of consent. Austrian law, under Article 209 of the Austrian Criminal Code, provided for higher age of consent for male homosexual relations than for other relations. The judgment of the court was delivered on 9 January 2003.
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe.
In the European Convention on Human Rights, Article 2 protects the right to life. The article contains a limited exception for the cases of lawful executions and sets out strictly controlled circumstances in which the deprivation of life may be justified. The exemption for the case of lawful executions has been subsequently further restricted by Protocols 6 and 13, for those parties who are also parties to those protocols.
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment".
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
S and Marper v United Kingdom [2008] ECHR 1581 is a case decided by the European Court of Human Rights which held that holding DNA samples of individuals arrested but who are later acquitted or have the charges against them dropped is a violation of the right to privacy under the European Convention on Human Rights.
A, B and C v Ireland is a landmark 2010 case of the European Court of Human Rights on the right to privacy under Article 8. The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies for a legal abortion under current Irish law.
Smith and Grady v UK (1999) 29 EHRR 493 was a notable decision of the European Court of Human Rights that unanimously found that the investigation into and subsequent discharge of personnel from HM Forces on the basis they were homosexual was a breach of their right to a private life under Article 8 of the European Convention on Human Rights. The decision, which caused widespread controversy at the time led the UK to adopt a revised sexual-orientation-free Armed Forces Code of Social Conduct in January 2000. In UK law the decision is notable because the applicants' case had previously been dismissed in both the High Court and Court of Appeal, who had found that the authorities' actions had not violated the principles of legality including Wednesbury unreasonableness, thus highlighting the difference in approach of the European Court of Human Rights and the domestic courts.
Alekseyev v. Russia is a case before the European Court of Human Rights concerning the prohibition of the 2006, 2007 and 2008 Moscow Pride gay rights marches in Russia's capital. The case was brought by Russian LGBT activist Nikolay Alexeyev, organiser of the marches, who claimed the banning of the marches had violated Article 11 of the European Convention on Human Rights. He claimed furthermore that he had not received an effective remedy under Article 13 against the violation of Article 11, and that he had been discriminated against by the authorities in Moscow under Article 14 in their consideration of his applications to hold the marches.
Criminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. In Austria the legal status is not clear, while in Switzerland and parts of Australia some BDSM practices can be considered criminal.
Human rights in Northern Cyprus are protected by the constitution of Northern Cyprus. However, there have been reports of violations of the human rights of minorities, democratic freedom, freedom from discrimination, freedom from torture, freedom of movement, freedom of religion, freedom of speech, right to education, right to life, right to property, and the rights of displaced persons. The rights of Greek Cypriots displaced by the 1974 Turkish invasion of Cyprus, notably their rights to property and right of return, is one of the focal points of ongoing negotiations for the solution of the Cyprus question.
United States v. Drayton, 536 U.S. 194 (2002), was a case in which the United States Supreme Court clarified the applicability of Fourth Amendment protections to searches and seizures that occur on buses, as well as the function of consent during searches by law enforcement. During a scheduled stop in Tallahassee, Florida, police officers boarded a Greyhound bus as part of a drug interdiction effort and interviewed passengers. After talking to two of the passengers and asking if they could "check [their] person", officers discovered the two passengers had taped several packages of cocaine to their legs. At trial, the passengers argued that officers violated their Fourth Amendment rights against unreasonable searches and seizures because the police engaged in coercive behavior and never informed them that their participation in the drug interdiction efforts was voluntary.