Ackermann J
[45]Laws prohibiting homosexual activity between consenting adults in private have been eradicated within 23 member states that had joined the Council of Europe by 1989 and of the ten European countries that have joined since (as at 10 February 1995) nine had similarly decriminalised sodomy either before or shortly after their membership applications were granted.[1]
- ↑ Robert Wintemute Sexual Orientation and Human Rights (Clarendon Press, Oxford 1995). Wintemute also points out at 4–5 that discrimination on the basis of sexual orientation had already been prohibited in the state constitutions of Mato Grosso and Sergipe in Brazil in 1989. In 1992 and 1993 respectively the German Länder of Brandenburg and Thüringen introduced provisions in their constitutions expressly prohibiting discrimination based on sexual orientation. Other than the South African Constitution I am not aware that such constitutional protection has been given in any national constitution; Wintemute confirms this.
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