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Treaty Bodies’ jurisprudence on SOGIESC issues
The following list summarises all Treaty Bodies’ jurisprudence on SOGIESC issues, including decisions and pending cases.
So far, the Treaty Bodies have reviewed cased related to LGBT persons only. Cases are grouped in the table by topics and in chronological order within each topic.
Treaty Bodies’ Jurisprudence on SOGIESC
as of 19 January 2023
|
Committee |
Case Title |
Communication Number |
Submission Date |
Views Date |
Relevant Articles |
Subject Matter |
Documents |
Result |
|
Criminalisation of Same-Sex Relations |
||||||||
|
HRCtee |
Toonen v. Australia |
488/1992 |
25 Dec 1991 |
31 Mar 1994 |
2(1) ICCPR 17 ICCPR 26 ICCPR |
Criminalisation of consensual same-sex relations between adults |
Views |
Violation |
|
HRCtee |
Dean v. New Zealand |
1512/2006 |
8 Sep 2006 |
17 Mar 2009 |
26 ICCPR Other |
Prosecution for same-sex relations with a minor |
Views |
Violation (inadmissible regarding homosexuality) |
|
CEDAW |
Flamer-Caldera v. Sri Lanka |
134/2018 |
23 Aug 2018 |
21 Feb 2022 |
2 CEDAW Convention 5 CEDAW Convention 7 CEDAW Convention 15 CEDAW Convention 16 CEDAW Convention |
Criminalisation of same-sex sexual acts between women in Sri Lanka |
Views |
Violation |
|
Asylum Seekers |
||||||||
|
CAT |
K.S.Y. v. Netherlands |
190/2001 |
5 Jan 2001 |
15 May 2003 |
3 CAT Convention |
Deportation of a gay man to Iran |
Views |
No violation |
|
CAT |
E.J.V.M. v. Sweden |
213/2002 |
17 May 2002 |
14 Nov 2003 |
3 CAT Convention |
Deportation of a bisexual man to Costa Rica |
Views |
No violation |
|
CAT |
Uttam Mondal v. Sweden |
338/2008 |
30 Nov 2007 |
23 May 2011 |
3 CAT Convention 16 CAT Convention |
Deportation of a gay man to Bangladesh |
Views |
Violation |
|
HRCtee |
X. v. Sweden |
1833/2008 |
26 Nov 2008 |
1 Nov 2011 |
6 ICCPR 7 ICCPR |
Deportation of a bisexual man to Afghanistan |
Views |
Violation |
|
HRCtee |
M.I. v. Sweden |
2149/2012 |
7 May 2012 |
25 Jul 2013 |
7 ICCPR |
Deportation of a lesbian woman to Bangladesh |
Views |
Violation |
|
CAT |
J.K. v. Canada |
562/2013 |
29 Sep 2013 |
23 Nov 2015 |
3 CAT Convention |
Deportation of a gay man and LGBT activist to Uganda |
Views |
Violation |
|
HRCtee |
M.K.H. v. Denmark |
2462/2014 |
26 Sep 2014 |
12 Jul 2016 |
7 ICCPR |
Deportation of a gay man to Bangladesh |
Views |
Violation |
|
HRCtee |
M.Z.B.M. v. Denmark |
2593/2015 |
31 Mar 2015 |
20 Mar 2017 |
7 ICCPR 17(1) ICCPR 18(1) ICCPR 26 ICCPR |
Deportation of a trans woman to Malaysia |
Views |
No violation |
|
CAT |
E.A. v. Sweden |
690/2015 |
20 Jul 2015 |
11 Aug 2017 |
3 CAT Convention |
Deportation of a gay man to Lebanon |
Views |
No violation |
|
CEDAW |
A.S. v. Denmark |
80/2015 |
28 Jan 2015 |
26 Feb 2018 |
1 CEDAW Convention 2 CEDAW Convention 3 CEDAW Convention |
Deportation of a lesbian woman to Uganda |
Decision |
Inadmissible |
|
HRCtee |
W.K. v. Canada |
2292/2013 |
23 Oct 2013 |
27 Mar 2018 |
6(1) ICCPR 7 ICCPR 9(1) ICCPR 17 ICCPR 18 ICCPR 27 ICCPR |
Deportation of a gay man to Egypt |
Views |
No violation |
|
HRCtee |
Z.B. v. Hungary |
2768/2016 |
23 May 2016 |
19 Jul 2018 |
2(3)(a) ICCPR 7 ICCPR 13 ICCPR |
Deportation of a woman, who allegedly suffered from violence based on her sister’s sexual orientation in Cameroon, to Serbia, where she had been raped and captured |
Decision |
Inadmissible |
|
CAT |
Joyce Nakato Nakawunde v. Canada |
615/2014 |
25 Jun 2014 |
3 Aug 2018 |
1 CAT Convention 3 CAT Convention |
Deportation of a lesbian woman to Uganda |
Decision |
Inadmissible |
|
CAT |
H.R.E.S. v. Switzerland |
783/2016 |
15 Nov 2016 |
9 Aug 2018 |
3 CAT Convention |
Deportation of a gay man to Iran |
Decision |
No violation |
|
HRCtee |
M.B. v. Canada |
2957/2017 |
13 Feb 2017 |
13 Mar 2020 |
2 ICCPR 6 ICCPR 7 ICCPR |
Deportation of a bisexual man to Guinea |
Decision |
Inadmissible |
|
HRCtee |
A.E. v Sweden |
3300/2019 |
14 Jan 2019 |
13 Mar 2020 |
7 ICCPR |
Deportation of a gay man to Nigeria |
Decision |
No violation |
|
HRCtee |
M.I. v. Sweden |
3246/2018 |
18 Sep 2018 |
6 Nov 2020 |
7 ICCPR |
Deportation of a gay non-binary person to Afghanistan |
Decision |
Inadmissible |
|
CAT |
H.T. v Switzerland |
888/2018 |
4 Sep 2018 |
30 Dec 2020 |
3 CAT Convention 22 CAT Convention |
Deportation of a lesbian woman to Cameroon |
Decision |
Inadmissible |
|
CRC |
A.B. v. Finland |
51/2018 |
27 Jun 2018 |
4 Feb 2021 |
2 CRC 3 CRC 13 CRC 14 CRC 16 CRC 17 CRC 19 CRC 22 CRC 29 CRC |
Deportation of a Russian female same-sex couple and their 7-year-old child to Russia |
Views |
Violation |
|
CAT |
D.L. v. Sweden |
785/2016 |
24 Nov 2016 |
28 Apr 2021 |
n/a |
Deportation to Uganda; risk of being subjected to treatment contrary to article 3 of the Convention on the grounds of the author’s homosexuality |
Decision
|
Discontinuation |
|
CAT |
H.S. v. Denmark |
792/2016 |
19 Dec 2016 |
19 Jul 2021 |
3 CAT Convention |
Deportation of a lesbian woman to Uganda |
Views
|
No violation |
|
HRCtee |
H.G. v. Sweden |
3266/2018 |
19 Nov 2018 |
23 Jul 2021 |
7 ICCPR 17 ICCPR |
Deportation of a gay man to Afghanistan |
Views |
Inadmissible |
|
CAT |
P.S. v. Sweden |
1000/2020 |
23 Feb 2020 |
12 Nov 2021 |
3 CAT Convention |
Deportation of a gay man to Uganda |
Views |
No violation |
|
Violence / Hate Crimes / Hate Speech |
||||||||
|
HRCtee |
García Fuenzalida v. Ecuador |
480/1991 |
4 Nov 1991 |
12 Jul 1996 |
7 ICCPR 9 ICCPR 10 ICCPR 14 ICCPR 26 ICCPR |
Arrest and ill-treatment; difficulties in retaining a lawyer allegedly due to the author’s homosexuality |
Views |
Violation (inadmissible regarding homosexuality) |
|
HRCtee |
Ernazarov v. Kyrgyzstan |
2054/2011 |
11 Mar 2011 |
25 Mar 2015 |
2(3) ICCPR 6(1) ICCPR 7 ICCPR |
Death of a person convicted of “forced sodomy” in a police station as a result of inter-prisoner violence against gay men and sex-offenders |
Views |
Violation |
|
HRCtee |
Rabbae et al. v. Netherlands |
2124/2011 |
15 Nov 2011 |
29 Mar 2017 |
2(3) ICCPR 14(1) ICCPR 17 ICCPR 20(2) ICCPR 26 ICCPR 27 ICCPR |
Right to an effective remedy; right to a fair hearing; incitement to racial or religious hatred, including through homonasionalist ideas; right to equality before the law and equal protection of the law without discrimination; protection of minorities |
Views |
No violation |
|
CAT |
D.C. and D.E. v. Georgia |
573/2013 |
1 Jul 2013 |
12 May 2017 |
1 CAT Convention 11 CAT Convention 12 CAT Convention 13 CAT Convention 16 CAT Convention |
Vulnerability of a detained person subjected to torture, including attempted rape, by police |
Views |
Violation |
|
CEDAW |
K.K. v. Russian Federation |
98/2016 |
7 Dec 2015 |
25 Feb 2019 |
2 CEDAW Convention 5(a) CEDAW Convention 7(c) CEDAW Convention |
Discrimination, insults, hate speech |
Decision |
Inadmissible |
|
CEDAW |
O.N. and D.P. v. Russian Federation |
119/2017 |
24 Mar 2017 |
24 Feb 2020 |
1 CEDAW Convention 2 CEDAW Convention 5 CEDAW Convention |
Hate crime, lack of effective investigation, sexual orientation, gender-based discrimination |
Views |
Violation |
|
Freedom of Expression / Freedom of Assembly and Association |
||||||||
|
HRCtee |
Hertzberg et al. v. Finland |
061/1979 |
7 Aug 1979 |
2 Apr 1982 |
19 ICCPR |
Censuring radio and TV programmes dealing with sexual orientation |
Views |
No violation |
|
HRCtee |
Fedotova v. Russian Federation |
1932/2010 |
10 Feb 2010 |
31 Oct 2012 |
19 ICCPR 26 ICCPR |
Administrative fine for “gay propaganda among minors” for displaying LGBT posters |
Views |
Violation |
|
HRCtee |
Alekseev v. Russian Federation |
1873/2009 |
25 Mar 2009 |
25 Oct 2013 |
21 ICCPR |
Refusal to authorise a picket against execution of gay people in Iran |
Views |
Violation |
|
HRCtee |
Praded v. Belarus |
2092/2011 |
20 Jun 2010 |
10 Oct 2014 |
19(2) ICCPR 21 ICCPR |
Arrest and imposition of a fine for holding of a peaceful assembly against killings of gay people in Iran without prior authorisation |
Views |
Violation |
|
HRCtee |
Androsenko v. Belarus |
2092/2011 |
20 Jun 2010 |
30 Mar 2016 |
19(2) ICCPR 21 ICCPR |
Views |
Violation |
|
|
HRCtee |
Nepomnyaschiy v. Russian Federation |
2318/2013 |
5 Oct 2013 |
17 Jul 2018 |
19 ICCPR 26 ICCPR |
Administrative fine for “gay propaganda among minors” for displaying LGBT posters |
Views |
Violation |
|
HRCtee |
Alekseev v. Russian Federation |
2727/2016 |
24 Nov 2014 |
16 Oct 2020 |
21 ICCPR 26 ICCPR |
Unjustified restrictions to the right of peaceful assembly; discrimination against LGBT people; pride event in the Crimea prohibited by Russian authorities under ‘anti-propaganda’ law |
Views |
Violation |
|
HRCtee |
Alekseev v. Russian Federation |
2757/2016 |
10 Feb 2016 |
5 Nov 2020 |
21 ICCPR 26 ICCPR |
Unjustified restrictions to the right of peaceful assembly; discrimination against LGBT people; abuse of the right of submission |
Views |
Violation |
|
HRCtee |
Ivanov v. Russian Federation |
2635/2015 |
17 Jan 2015 |
18 Mar 2021 |
21 ICCPR 26 ICCPR |
Unjustified restrictions to the right of peaceful assembly; discrimination against LGBT people; pride event in the Crimea prohibited by Russian authorities under ‘anti-propaganda’ law |
Views |
Violation |
|
HRCtee |
Mikhailova et al. v. Russian Federation |
2953/2017 |
21 Mar 2015 |
14 Mar 2022 |
21 ICCPR 26 ICCPR |
Unjustified restrictions on the right of peaceful assembly; discrimination against lesbian, gay, bisexual and transgender persons |
Views |
Violation |
|
2943/2017 |
25 Mar 2015 |
|||||||
|
2954/2017 |
28 Mar 2015 |
|||||||
|
HRCtee |
Savolaynen v. Russian Federation |
2992/2017 |
25 December 2014 |
19 July 2022 |
21 ICCPR 26 ICCPR |
Unjustified restrictions on the right of peaceful assembly and freedom of expression; discrimination against LGBT persons; discrimination based on gender identity |
Views |
Violation |
|
LGBTI Families |
||||||||
|
HRCtee |
Joslin et al. v. New Zealand |
902/1999 |
30 Nov 1998 |
17 Jul 2002 |
2(1) ICCPR 16 ICCPR 17 ICCPR 23(1) ICCPR 23(2) ICCPR 26 ICCPR |
No access to marriage for two lesbian couples |
Views |
No violation |
|
HRCtee |
Young v. Australia |
941/2000 |
29 Jun 1999 |
6 Aug 2003 |
26 ICCPR |
Refusal to grant a pension to a same-sex partner of a deceased man |
Views |
Violation |
|
HRCtee |
X. v. Colombia |
1361/2005 |
13 Jan 2001 |
30 Mar 2007 |
2(1) ICCPR 3 ICCPR 5 ICCPR 14(1) ICCPR 17 ICCPR 26 ICCPR |
Refusal to grant a pension to a same-sex partner of a deceased man |
Views |
Violation |
|
HRCtee |
C. v. Australia |
2216/2012 |
27 Apr 2012 |
28 Mar 2017 |
2(1) ICCPR 14(1) ICCPR 26 ICCPR |
Denial of access to divorce proceedings for a lesbian couple married abroad |
Views |
Violation |
|
Legal Gender Recognition |
||||||||
|
HRCtee |
G. v. Australia |
2172/2012 |
2 Dec 2011 |
17 Mar 2017 |
2(1) ICCPR 2(3) ICCPR 17 ICCPR 26 ICCPR |
Divorce requirement for legal gender recognition |
Views |
Violation |
SOGIESC cases pending before the Treaty Bodies
as of 19 January 2023
|
Committee |
Case Title |
Communication Number |
Submission / Registration Date |
Stage |
Relevant Articles |
Subject Matter |
Source of Data |
|
Asylum Seekers |
|||||||
|
HRCtee |
[…] v. Canada |
2962/2017 |
2017 (registered) |
No information available |
6(1) ICCPR 7 ICCPR 9 ICCPR 13 ICCPR 14 ICCPR 17 ICCPR 26 ICCPR |
Risk of death and inhuman treatment on grounds of sexual orientation in case of deportation to Senegal |
HRCtee, Table of registered cases 2017 |
|
HRCtee |
[…] v. Canada |
3027/2017 |
2017 (registered) |
No information available |
6 ICCPR 7 ICCPR 9 ICCPR |
Removal to Turkey, mental health, political/religious/LGBTQI issues |
HRCtee, Table of registered cases 2017 |
|
HRCtee |
[…] v. Sweden |
3715/2020 |
2017 (registered) |
No information available |
6 ICCPR 7 ICCPR 17 ICCPR 18 ICCPR |
Deportation to Afghanistan, right to life, torture, persecution (homosexuality) |
HRCtee, Table of registered cases 2020 |
|
Violence / Hate Crimes / Hate Speech |
|||||||
|
HRCtee |
Krikkerik v. Russian Federation |
2992/2017 |
24 May 2016 (submitted) 14 Jun 2017 (registered) |
Communications |
2 ICCPR 7 ICCPR 17 ICCPR 26 ICCPR |
Hate crime, lack of effective investigation |
“Coming Out” LGBT Group ISHR, Third-party intervention |
|
HRCtee |
[…] v. Kyrgyzstan |
2998/2017 |
2017 (registered) |
No information available |
2(3)(a) ICCPR 7 ICCPR 9(1) ICCPR 14(3)(g) ICCPR 26 ICCPR |
Ill-treatment in detention, forced confession, undocumented detention, discrimination based on sexual orientation |
HRCtee, Table of registered cases 2017 |
|
HRCtee |
Yefri Peña Tuanama vs. Perú |
3959/2021 |
2021 (registered) |
Communications |
2 ICCPR 3 ICCPR 6 ICCPR 7 ICCPR 9 ICCPR 14 ICCPR 16 ICCPR 17 ICCPR 19 ICCPR 26 ICCPR |
Hate crime, lack of adequate investigation, lack of any punishment against the perpetrators, and lack of reparation |
HRCtee, Table of registered cases 2021 |
|
Freedom of Expression / Freedom of Assembly and Association |
|||||||
|
HRCtee |
[…] v. Russian Federation |
3596/2019 |
2019 (registered) |
No information available |
21 ICCPR 26 ICCPR |
Discrimination on the ground of sexual orientation |
HRCtee, Table of registered cases 2019 |
|
LGBTI Families |
|||||||
|
HRCtee |
[…] v. Albania |
3031/2017 |
2017 (registered) |
No information available |
17 ICCPR 23 ICCPR 26 ICCPR |
Recognition of same-sex partnership |
HRCtee, Table of registered cases 2017 |
|
Legal Gender Recognition |
|||||||
|
HRCtee |
[…] v. Seychelles |
3769/2020 |
2020 (registered) |
Communications |
16 ICCPR 17 ICCPR 26 ICCPR |
The lack of LGR procedure in the State party |
HRCtee, Table of registered cases 2020 |
|
HRCtee |
[…] v. Paraguay |
4173/2022 |
2022 (registered) |
No information available |
14 ICCPR 16 ICCPR 17 ICCPR 26 ICCPR |
Name change request for a trans person |
HRCtee, Table of registered cases 2022 |
|
HRCtee |
[…] v. Paraguay |
4174/2022 |
2022 (registered) |
No information available |
14 ICCPR 16 ICCPR 17 ICCPR 26 ICCPR |
Name change request for a trans person |
HRCtee, Table of registered cases 2022 |
Last updated: 24 January 2023
Opening photo by Giammarco Boscaro on Unsplash