News from the World - July 2024 🌊

LGBTQ+ Rights 

Malawi's Constitutional Court dismisses constitutional complaint against the decriminalization of same-sex sexual intercourse 🇲🇼 ❌ 🏳️‍🌈

The Malawian Constitutional Court has dismissed a constitutional complaint regarding provisions in the Penal Code that criminalize homosexual conduct. A three-judge panel rejected the petition of Jan Willen Akster, a Dutch citizen, and Jana Gonani, a transgender woman and sex worker, challenging the constitutionality of the Penal Code provisions that criminalize anyone who engages in “carnal knowledge“ with another person “against the order of nature”, attempts to commit an “unnatural act”, or engages in “indecent practices”. These provisions are vague and overly broad, allowing for discrimination against LGBTQ+ people and can result in penalties of up to 14 years imprisonment. The court dismissed all arguments presented based on the equality and human dignity of LGBTQ+ persons, stating that it is up to Parliament to review and amend the laws. Unfortunately, the court's decision increases the risks of arbitrary arrests and prosecutions, physical violence, and discrimination against LGBTQ+ people in Malawi, as has been documented for years by Human Rights Watch. Additionally, there is a threat that LGBTQ+ people will be excluded from access to healthcare, justice, and safety. [1]

South Korea's Supreme Court upheld the rights of same-sex couples in a ruling 🇰🇷 ❤️ ⚖️

On July 18, the South Korean Supreme Court issued a landmark decision affirming that the National Health Insurance Service must extend benefits to same-sex partners. The plaintiff in this case, So Sung-uk, was registered by his partner as a “dependent” to receive employee health insurance benefits. The insurance service initially accepted So as a dependent but later revoked this status when it became publicly known that they recognized a same-sex couple. In 2023, the Seoul High Court ruled in favor of the couple, but the insurance service appealed this decision to the Supreme Court. The Supreme Court upheld the High Court's decision, stating that excluding same-sex couples from benefit entitlements violates their rights to equality, privacy, and dignity. While the case specifically concerned health insurance benefits, this decision significantly strengthens the position of same-sex couples in seeking access to other state benefits currently provided to heterosexual couples. [2]

Roma Minority

Romani women will no longer have to prove the legitimacy of their claim for compensation for unlawful sterilization! ⚖️

Based on a ruling by the Supreme Administrative Court, the Ministry of Health must take steps on its own to verify whether a compensation applicant was a victim of unlawful sterilization in the past. In a dismissed cassation complaint, the Supreme Administrative Court rejected the ministry's approach, which required applicants to prove the legitimacy of their claim. [3]

Authoritarian Regimes

Chinese government expanded criminalization of support for Taiwan 🇨🇳 ⛓️ 🇹🇼

New judicial guidelines adopted by the Chinese government regulate crimes related to supporting Taiwan's separation from China, committed by Taiwanese “separatists”, which are punishable under Chinese law. These guidelines allow judges to impose the death penalty on anyone advocating for Taiwan's independence.

These judicial guidelines concerning Taiwanese “separatists” serve as a clear reminder that the Chinese government routinely threatens Taiwan and its 23 million residents, expanding its aggressive efforts to suppress their fundamental rights and freedoms. The guidelines criminalize any activities associated with Taiwan's independence, including “establishing a separatist organization for ‘Taiwanese independence‘” and “advocating for Taiwan's entry into international organizations”.

In response to the newly adopted guidelines, Taiwan has warned its citizens traveling to China, given the recent cases of arbitrary arrests, detentions, and interrogations. These guidelines are likely to further impact the approximately 150 000 Taiwanese citizens living in China. The new judicial guidelines represent another attempt by the Chinese government to control the right to freedom of expression even beyond its borders. [3]

Remaining Category, or What You Shouldn't Miss Either

International Court of Justice finds Israel guilty of apartheid ! 🇮🇱

On July 19, 2024, the International Court of Justice in The Hague issued an advisory opinion with significant implications for human rights protection in Palestine, which has been under Israeli occupation for 57 years. The opinion follows a request by the UN General Assembly in December 2022 for the court to assess the legal consequences of Israeli policies and practices in the occupied Palestinian territory.

Tirana Hassan, Executive Director of Human Rights Watch, stated: “In a historic decision, the International Court of Justice found multiple serious violations of international law by Israel against Palestinians in the occupied Palestinian territory, including Israel's responsibility for apartheid. The court has placed the responsibility on all states and the United Nations to end these violations of international law. This decision should serve as another warning to the United States to end its policy of defending Israeli oppression of Palestinians and should prompt a thorough re-evaluation of policies in other countries as well.” [4]

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[1] KOJOUÉ, Larissa. ‘Dark Day’ in Malawi for Rights of LGBT People. Online. Human Rights Watch. 2024. Available at: https://www.hrw.org/news/2024/07/11/dark-day-malawi-rights-lgbt-people. [cit. 2024-08-04].

[2] THORESON, Ryan. South Korea’s Supreme Court Affirms Rights of Same-Sex Partners. Online. Human Rights Watch. 2024. Available at: https://www.hrw.org/news/2024/07/23/south-koreas-supreme-court-affirms-rights-same-sex-partners. [cit. 2024-08-04].

[3] Postup odškodňování protiprávní sterilizace se změní. Nejvyšší správní soud odmítl stížnost ministerstva. Online. IRozhlas. 2024. Available at: https://www.irozhlas.cz/zpravy-domov/postup-odskodnovani-protipravni-sterilizace-se-zmeni-nejvyssi-spravni-soud_2407081622_ano. [cit. 2024-08-04].

[4] CHEN, Jody. Chinese Government Expands Criminalization of Taiwanese Identity. Online. Human Rights Watch. 2024. Available at: https://www.hrw.org/news/2024/07/04/chinese-government-expands-criminalization-taiwanese-identity. [cit. 2024-08-04].

[5] World Court Finds Israel Responsible for Apartheid. Online. Human Rights Watch. 2024. Available at: https://www.hrw.org/news/2024/07/19/world-court-finds-israel-responsible-apartheid. [cit. 2024-08-04].