Manuscript Number : SHISRRJ22565

The Human Rights discourse that maintains every individual's right to live freely provides a framework for individuals to choose and live a life style that is centered on the same sex relationships. Thus, decriminalization of homosexuality, right to protection from human rights abuses/hate crimes and non-discrimination on the basis of sexual orientation should be on the agenda of any human rights organisation. However, it was only in 1994, that an International Human Rights Organisation- Amnesty International finally publicly acknowledged that violence and abuse of lesbians and gay men because of their sexual orientation constituted an infringement of human rights. Another ground-breaking verdict was issued by the United Nations Human Rights Committee in the case of Nicholas Toonen vs the State of Australia in which the committee acknowledged that the criminalization of homosexuality in the State of Tasmania, Australia was a violation of Articles 2 and 26 (right to privacy and right to equal protection under the law) of the International Covenant or Civil and Political Rights.