About this deal
Add Health included detailed questions about school expulsions and contacts with the criminal justice system. On 23 March, the Committee on the Elimination of Discrimination against Women (CEDAW) found that the criminalisation of consensual, same-sex intimacy between women is a human rights violation. The Crimes Act 1969 criminalised ‘indecent acts’ and acts of ‘sodomy’ with the provisions carrying a maximum penalty of five years’ imprisonment. The 1990s also saw the European Court of Human Rights continue to make landmark decisions, for example highlighting differences in the age of consent in the criminal law which discriminated unjustifiably against homosexuals (see Sutherland v UK in 1997 below).
The 1950s saw two Southeast Asian states, Cambodia and Laos, achieve independence from France and model their Penal codes on the French system, meaning that they have never formally criminalised. Similar to the 1950s in Southeast Asia, the 1960s saw a wave of African states attain independence from France and adopt penal codes that did not criminalise same sex sexual acts, such as Burkina Faso (1960), Côte d’Ivoire (1960), Madagascar (1960), Central African Republic (1961), Mali (1961) and Niger (1961).
In February, the Kenyan Supreme Court ruled that the National Gay and Lesbian Human Rights Commission (NGLHRC) must be allowed to officially register as a non-governmental organisation (NGO). The case was also significant in that it demonstrated the effects that criminalisation has on LBQ women even where they are not explicitly criminalised under the law, as is the case in Jamaica. In 2019, against the clear global trend of decriminalisation, Article 402(5) of Gabon’s 2019 Penal Code criminalised “sexual relations between persons of the same sex”, punishable with “up to six months’ imprisonment and a fine of up to 5 million FCFA.
As the second successful case of its kind and building on Dudgeon v United Kingdom, the European Court of Human Rights held in Norris v. After continued resistance by Tasmania, the federal government of Australia, in reliance on the UN Human Rights Committee’s determination in Toonen, enacted the Human Rights (Sexual Conduct) Act 1994 to override the offending laws of the state of Tasmania. States continued to decriminalise in the 2000s such as Azerbaijan (2000), Georgia (2000) and Armenia (2003), all prior to becoming members of the Council of Europe, and separately USA (2003), Cape Verde (2004), San Marino (2004), Marshall Islands (2005), Nepal (2007), Nicaragua (2008), and Panama (2008).In April, the Parliament of the Cook Islands voted to decriminalise same-sex sexual activity between men. Thilaga Sulathireh, from the group Justice for Sisters who witnessed the caning, said she was shocked by the public spectacle. The latter punishment was applied to “sorcerers, sorceresses, renegades, sodomites and heretics publicly convicted.