Countries that Ban Same-sex Intercourse is this a Violation of International Law?

Is against the law to murder a person based up on their sexual preference? Would you take away a Civil Liberty? This But is a question you should pounder as you read my paper. But we are going to look at the international aspect. There are many countries where same-sex intercourse and or marriage is against the law. Imagine this being your reality. Having to hide from your family and friend and pretend to be someone else. You wonder should the international community say something?

Same-sex marriage has been a civil rights issues for decades.

It touches every branch of government from all over the world. The United States Supreme court has seen a lot of cases in regard to this this long civil rights battel. Legal issue is social injustice, morality. Under customary law it supports the legalization of same-sex marriage and for the nations to recognize it.

The public’s perception on Homosexual intercourse has changed over the last few years. For years the world has had the perception that “God” created man and women to procreate and to be with other and it is a sin to be with another sex. No matter what your religious beliefs are the overall is that man and women should be together and nothing else. December 1948 the United Nations General Assembly created the Universal Declaration of Human Rights (UDHR). This created a common standard of achievement for all nations. According to the UDHR every person has the right to express themselves freely. This is stated in Article 19 “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold options without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” (United Nations , n.d.). This can be viewed as everyone is entitled to express themselves freely. Some may ask why is it important for the LGBTQI for be legal everywhere? And Why does any matter who you sleep with. The true matter is it can be deadly to be about of the community in some counties and it is discrimination upon a particular genre of people. They are at a high risk of physical and psychological harm because of who they choose to sleep with. You have to ask yourself if we sit here and single out a particular group of people is that not racism? Is that not discrimination from a particular people? If we make It illegal for people not to express themselves shouldn’t the international community set it and take this group of people out of depression?

Law and Countries

ICCPR (International Covenant on Civil and Political Rights) is used in conjunction with the UDHR. Article 26 of the ICCPR speaks about equal protection and that no one could be discriminated against based upon race, sex language etc. Starting back in July 2013 the United Nations (UN) have begun to push for same-sex marriage they launched a campaign “Free & Equal” the secretary general stated that same-sex marriage is a human right “Human rights are at the core of the mission of the United Nations … I am proud to stand for greater equality for all staff, and I call on all members of our UN family to unite in rejecting homophobia as discrimination that can never be tolerated at our workplace” (Coleman, 2016). There has been multiple legislation from around the world to make it easier for same sex unions, but no one takes any legal action or military action to put these cases into action and force countries to follow the rules.

Same sex intercourse is criminalized in illegal in 71 countries places like India, Malaysia, and Ethiopia you can go to prison for having sex with the same sex for 14 years to life in prison. In Iran, Iraq, Saudi Arabia, Sudan, and 3 other countries you can be punished to death for homosexuality under sharia law. Slovenian rejected the legislation of same-sex marriage in December 2015. In 2004 Australia mad a similar amendment and stated that “the union of a man and a woman to the exclusion of all others.” Just in April 2017, the Constitutional Court of Taiwan ruled that the Taiwanese law that stated that marriage can only be between a man and women was ruled un-constitutional. They were ordered to change the law within two years. The ban on same homosexuality is mostly in the middle eastern counties.

During May 2018, 24 countries have recognized same-sex marriage this includes counties like Taiwan, South Arica, Canada, and Ireland just to name a few. Why it is a violation. The Inter-American Court of Human Rights called for reorganization of same-sex marriage and a category that is protected under the nondiscrimination for the American Convention on Human Rights. The Decision is not binding, but 20 countries have followed the jurisdiction of the court and are not implementing the decision. The countries are Costa Rica, Dominican Republic, Haiti, Mexico, Barbados just to name a few. In some of these same sex marriages is legal, but for the others they are expected to change their laws and make it more inclusive.

Atala v. Chile 2013 , the court ruled that nations that were members had to recognize “sexual orientation” as a category that was protected for nondiscrimination. Murillo v. Costa Rica 2012 they ruled that the ban on inventor fertilization was in violation of the American Convention. The court operations that the members that signed up will follow the rulings.

Yes, the international community sees that this as an important issue and there working to fix it, but how our social contract works is that we depend on state actors in order to put the legislation into action. UN has appointed the first ever expert on sexual orientation and gender identity in order to address the issues with gender discrimination and the violence in the community. There many nations where same-sex marriage is legal, but there is a whole another side of the world that we are working on.”

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