Toonen v. Australia

Comm. No. 488/1992, U.N. Doc. CCPR/C/50/D/488/1992 (1994)

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Toonen v. Australia

United Nations Human Rights Committee
Comm. No. 488/1992, U.N. Doc. CCPR/C/50/D/488/1992 (1994)

  • Written by Liz Nakamura, JD

Facts

Nicholas Toonen (plaintiff), was a gay man living in Tasmania (defendant), an island state within Australia (defendant). The Tasmanian Criminal Code criminalized private homosexual behavior. Toonen filed a communication with the United Nations Human Rights Committee (UNHRC), alleging that Tasmania’s Criminal Code unlawfully and arbitrarily violated his right to privacy under the International Covenant on Civil and Political Rights. Tasmania countered, arguing that criminalizing homosexual behaviors was necessary to (1) protect public morality; and (2) prevent the spread of HIV/AIDS. HIV/AIDS was a chronic, life-threatening immune-system disease that, at that time in Tasmania, disproportionately affected men who engaged in sexual conduct with other men. Tasmania did not provide any proof supporting its claim that criminalizing homosexual behavior inhibited the spread of HIV/AIDS.

Rule of Law

Issue

Holding and Reasoning ()

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