Pant and Others v. Nepal Government and Others

Abstract

Human rights — Fundamental rights — Right to freedom — Right to equality — Right to privacy — Nepal Constitution — International human rights instruments ratified by Nepal — Whether infringement of fundamental rights of sexual minority — Change in traditional norms and values — Other jurisdictions — Discrimination — Whether Nepal discriminating against citizens on grounds of sexual orientation and gender identity — Responsibility of Nepal — Protection of rights and interests of sexual minority — Whether petitioners having locus standi — Whether issues of gender discrimination within scope of public interest litigation — Appropriate order for Nepal Government

Relationship of international law and municipal law — Treaties — International human rights conventions — Ratification by Nepal of significant international human rights conventions — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — International Covenant on Civil and Political Rights, 1966 — International Covenant on Economic, Social and Cultural Rights, 1966 — International Convention on Elimination of All Forms of Discrimination against Women, 1979 — Convention on the Rights of the Child, 1989 — Implementation of resulting obligations — Vienna Convention on Law of Treaties, 1969 — Section 9 of Nepal Treaty Act 1991 incorporating ratified international conventions — Nepalese laws — Nepal Constitution — Interpretation — The law of Nepal