Lesbian forced anal
A court in Kenya has ruled that the controversial operate of forced anal examinations on men suspect to be gay is unlawful, in a historic decision for the East African nation.
The Court of Appeal in Mombasa dictated in favor of the National Same-sex attracted and Lesbian Human Rights Commission that the practice violates human rights. The gay rights philanthropy brought the case forward following the arrest of two men who were accused of having sex in Kenya, where homosexuality is illegal, and subjected to anal examinations and HIV tests.
"The NGLHRC has extended argued that the tests are a violation of rights to privacy and dignity and amount to torture," the organization said in a statement tracking the ruling.
The NGLHRC described the examinations as violating and included "being made to lie with legs up in a humiliating position and having instruments forced into your rectum, are widely accepted to own no medical merit."
A High Court in Monbassa previously dominated in 2016 that the tests were constitutional and within the boundaries of acceptability by authorities. Judge Alnashir Visram overturned the decision.
"The ruling is a tremendous step not only in upholding the dignity of homosexuals who'd b
Kenya court outlaws forced anal exams in landmark victory for same-sex attracted rights
Kenya's Court of Appeal on Thursday ruled that the exploit of forced anal exams used to determine whether gay men engaged in sex is illegal.
The National Gay and Lesbian Human Rights Commission (NGLHRC) took the case to court after two men were arrested in 2015 on suspicion of having sex.
According to the men, authorities forced them to undergo anal examinations by hospital staff and security personnel. They also said authorities forced them to submit to HIV tests.
The NGLHRC argued the tests violated the men's constitutional rights. A Kenyan court in 2016 ruled that such tests were constitutional and, as such, within the scope of apply for authorities. Thursday's ruling overturned that decision.
"The ruling is a tremendous step not only in upholding the dignity of homosexuals who'd been subjected to the indignities of anal examinations but also to the rule of law in Kenya," said Eric Gitari, who heads the NGLHRC.
In Kenya, same-sex sexual activity is outlawed and punishable by 14 years in jail. Before Thursday's ruling, Kenya was one of eight countries that allowed forced anal exams.
The others are Cam
The Sri Lankan government should termination abusive physical examinations and stop prosecuting people for consensual same-sex conduct, Human Rights Watch and EQUAL GROUND said.
“No one should be arrested, let alone subjected to torture and sexual aggression, because of their perceived sexual orientation,” said Neela Ghoshal, associate LGBT rights director at Human Rights Watch. “Sri Lanka’s Justice Ministry should immediately block judicial medical officers from conducting forced anal examinations, which flagrantly violate medical ethics as successfully as basic rights.”
A lawyer told Human Rights Watch and EQUAL GROUND that he along with other counsel represented six defendants in the last 12 months accused of male homosexual deeds. In all cases prosecutors submitted reports of anal exams
Kenya’s high court rules out forced anal testing
Hivos welcomes the decision of the Court of Appeal of Kenya which declared forced anal testing as a way of determining sexual orientation unlawful, torturous and a gross violation of people’s right to privacy.
Hivos also congratulates the National Gay and Lesbians Human Rights Commission (NGHRC) in Kenya who against many odds stood for what is right and represented two accused men in court. The men were arrested in Kwale County one year ago on suspicion that they were engaging in homosexual acts. They were subjected to forced anal examinations and HIV testing under a magistrate’s order to determine if they had engaged in consensual sexual acts in private.
“The court decision is a big milestone in the defense of the rights of female homosexual women, gay men, bisexuals, transgender people, and people with an intersex condition (LGBTI)”, said Nyambura Gathumbi, Hivos East Africa’s Programme Manager, Sexual Rights and Diversity.
Hivos believes in strategic public interest litigation as a multi-pronged advocacy plan especially on issues of inequality and the rights of the most marginalized communities. A case in point are the two succe