Equality before the law and equal protection of the law

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Date
Constitutional law — Fundamental rights — Equality before the law — Article 10 of the Constitution — Article 8 of the Constitution — Right to dignity — Same-sex relationships — Homosexuality — Criminal law — Common Law Sexual Offences — Sodomy — Unnatural sexual offences — Various forms of sexual conduct committed by a male person with another male person are not regarded as criminal, if committed by a male person with a female person — Differentiation which the impugned laws accord to homosexual men amounts to unfair discrimination and thus unconstitutional
Judgment 21 June 2024
Case summary 30 July 2012
Human rights and fundamental freedoms – unlawful Sterilisation – doctrine of informed consent - the required consent must be given freely and voluntarily and should not have been induced by fear, fraud or force - such consent must also be clear and unequivocal – the lack of informed consent amounts to an assault
Judgment 30 July 2012