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Sexual Orientation and Human Rights$

Robert Wintemute

Print publication date: 1993

Print ISBN-13: 9780198264880

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198264880.001.0001

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(p.261) Appendix I— Principal Cited Provisions of the United States Constitution, the European Convention, the Canadian Charter, and the International Covenant

(p.261) Appendix I— Principal Cited Provisions of the United States Constitution, the European Convention, the Canadian Charter, and the International Covenant

Source:
Sexual Orientation and Human Rights
Publisher:
Oxford University Press

A. United States Constitution1

First Amendment (1791)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Fifth Amendment (1791)

No person shall…be deprived of life, liberty, or property, without due process of law;…

Fourteenth Amendment (1868)

Section 1.…No State shall…deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.…

Equal Rights Amendment (passed by Congress in 1972; not ratified by three-fourths of the states by the 30 June 1982 deadline)2

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.…

B. European Convention on Human Rights3

Article 3

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 8

  1. 1. Everyone has the right to respect for his private and family life, his home and his correspondence.

  2. (p.262) 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 10

  1. 1. Everyone has the right to freedom of expression.…

  2. 2. The exercise of these freedoms…may be subject to such…restrictions or penalties as are prescribed by law and are necessary in a democratic society,…for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others,…

Article 12

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

Article 14

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

C. Canadian Charter of Rights and Freedoms4

Section 1

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Section 2

Everyone has the following fundamental freedoms:

  1. (a) freedom of conscience and religion;

  2. (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

  3. (c) freedom of peaceful assembly; and

  4. (d) freedom of association.

Section 7

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

(p.263) Section 15

  1. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

  2. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Section 28

Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Section 33

(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.…

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.…

D. International Covenant on Civil and Political Rights5

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.…

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.…

Article 19

2. Everyone shall have the right to freedom of expression.…

3. The exercise of the rights provided for in paragraph 2…may…be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

  1. (a) For respect of the rights or reputations of others;

  2. (b) For the protection of national security or of public order (ordre public), or of public health or morals.

(p.264) Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Notes:

(1) United States Code, Vol. 1, pp. LIII–LXVII (1988 ed.). Signed on 17 Sept. 1787; entered into force on 4 Mar. 1789.

(2) Ibid, at p. LXVI.

(3) Eur. T.S. 5, 213 U.N.T.S. 221. Signed on 4 Nov. 1950; entered into force on 3 Sept. 1953.

(4) RSC 1985, Appendix II, Nos. 44–45 (Part I of the Constitution Act, 1982, enacted as Schedule B to the Canada Act 1982 (UK), 1982, c. 11). Proclaimed in force on 17 Apr. 1982.

(5) 999 U.N.T.S. 171. Signed on 16 Dec. 1966; entered into force on 23 Mar. 1976.