Let the Courts Decide

Hungary: More than 10,000 have already asked the Ombudsman to do his job

More than 10,000 people in Hungary have already signed a petition to Ákos Kozma calling on the Commissioner for Fundamental Rights to exercise his right under the Basic Law and to apply to the Constitutional Court for amendments that seriously violate the rights of transgender people. 

Australia: SA led the way for many reforms, so why is 'gay panic' still a defence?

South Australia has a reputation as a progressive state based on several milestones in its political history. It was the first to grant parliamentary voting rights to women, in 1894. It was also first to decriminalise homosexuality, and was at the forefront of the push for Aboriginal land rights during the 1970s. But a legal loophole allowing murder charges to be downgraded has remained

ILGA-Europe and ERA joint statement on the Decision of the Constitutional Court of North Macedonia to repeal the Law on Prevention of and Protection against Discrimination

It is with great disappointment that ILGA-Europe and ERA received the news of the decision of the Constitutional Court of North Macedonia to repeal the Law on Prevention of and Protection against Discrimination on 14th May 2020.

Malaysian Launches Test Case Against Gay Sex Law

A Malaysian man has launched the country's first legal challenge against Islamic laws banning gay sex, a test case supporters said Wednesday could help combat growing persecution of the LGBT community.

He was charged last year for allegedly attempting to have "intercourse against the order of nature", and several others in the same case have already pleaded guilty and were caned as a punishment.

Critics say the climate is worsening for the gay community in Muslim-majority Malaysia, with several states enacting their own Islamic laws banning gay sex.

But campaigners believe victory in the challenge at Malaysia's top court could help halt the trend of local sharia authorities introducing harsh legislation targeting gay people. 

"The case could discourage state overreach in terms of law making," Thilaga Sulathireh, from campaign group LGBTIQ+ Network, told the media.

The immediate impact of a victory would likely be to halt ongoing cases under Islamic law only in Selangor state, where the plaintiff was charged, but campaigners may then bring cases against other states. 

The man, who has not been named, is challenging accusations levelled against him in an Islamic court at Malaysia's Federal Court on the grounds they breach the constitution, his lawyer Surendra Ananth told reporters. Read more via Asean Post

Hungary: Transvanilla Association representing two trans applicants turns to the Constitutional Court

The amendment to the Act on Civil Registration Procedure, which outlaws legal gender recognition in Hungary comes into effect after being signed by János Áder, President of Hungary. The Constitutional Court remains the last option in the country to stop the government’s amok run.

North Macedonia’s Repeal of Anti-Discrimination Law Poses Major Setback to Human Rights Protection

North Macedonia’s Constitutional Court ruled to repeal the Law on Prevention and Protection Against Discrimination. The legislation represents the cornerstone of a decade-long struggle by civil society to ensure the protection of the country’s most vulnerable and marginalised communities, and its reversal now spells a major setback to democratic reforms.

How to change the law

Ground-breaking research from the Human Dignity Trust offers a step-by-step analysis of how the reform of discriminatory sexual offence laws has been achieved and identifies how it can be replicated.