Such policies and practices breach rights to equality and to freedom from discrimination and torture, 83 as well as the right of those deprived of their liberty to be treated humanely. 84 – Privacy The right to privacy is clearly recognised in international human rights law and has been the subject of significant jurisprudence in international and regional human rights fora, particularly in the context of criminal laws that penalise same sex sexual conduct between consenting adults. 85 This has been discussed in relation to term of reference 1 above, particularly in the context of rights to equality and non-discrimination. The case of Toonen vs. Australia 86 also considered whether the non-enforcement of existing criminal laws was a breach of the applicant’s rights. The HRC found that the continued existence of such laws, notwithstanding a practice of non-enforcement, failed to protect the applicant’s right to privacy, noting that the continued threat of criminal sanction restricted the applicant’s capacity to fully realise the right to privacy in the context of his personal relationships. Similarly, the differential application by police and security forces of laws dealing with vagrancy, public nuisance, national security, public morality, obscenity, indecency and public order laws to detain, harass and intimidate persons of diverse sexual orientation and gender identity adversely impacts on the right to privacy. – Health The ability to access general health services, and the provision of particular health services remains a significant issue for lesbian, gay, bisexual and transgender persons, with more specific concerns in relation to transgender and intersex persons. In each case, concerns revolve around the availability, accessibility, acceptability and quality of medical services. For transgender and intersex persons, access to more specific medical services and procedures is problematic and is further complicated by their inability to have changes to their gender formally acknowledged on identity and entitlement documentation. With regard to communicable diseases, laws, policies and practices criminalizing homosexual activity impede public health programmes by driving underground those groups at the risk of infection. The ability of such groups to be legally recognised and to be safely visible is fundamental to their ability to access relevant health services and to the effective implementation of government programs. 87 83 Article 7 reads: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. 84 Article 10 (1) reads: All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 85 Article 17 of the ICCPR reads: 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. 86 Communication No.488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994). http://hrlibrary.ngo.ru/undocs/html/vws488.htm accessed on 26 April 2010. 87 See Naz Foundation v. NCT Delhi, op. cit. Para 61. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 28