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Homosexual's Legal Protection Problem Research

Posted on:2008-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:D X LiFull Text:PDF
GTID:2166360212992833Subject:Law
Abstract/Summary:PDF Full Text Request
Homosexuality is an extremely long cultural phenomenon. It is a normal way of life, rather than degenerate. Homosexual groups in society of persons belong to minorities. For a long time, because of cultural traditions, social customs, and other factors, homosexuality in the face of powerful mainstream society seems weak, and they are vulnerable, homosexuals suffered from various forms of discrimination, persecution and pressure. They are typically vulnerable groups, but because "sexual orientation" and that homosexuality is different for different species, transformation is unjustified. Homosexuals are the most vulnerable group in our society, but they need the right to be protected, which is a basic requirement for the state respects and safeguards human rights, because of their sexual orientation will be different from discrimination. At present, China's homosexuals are basically underground state, due to the strong pressure from society and family, so most of them will heterosexual marriage, it is conceivable that as a result of this approach on which side is not good, homosexuals are not happy, at the same time, is married heterosexual should also not happy that the mainstream community on this issue has not been cheap. On the contrary, it has paid a heavy price. In such circumstances, it can not stop the homosexuals and homosexual contact, but will enable them to more frequently replacement of sexual partners, homosexuals infected with the disease, another is married to heterosexual transmission, at last, it will cause serious consequences and lead to many human tragedies. At present, many countries in the world have homosexuality removed from the scope of the disease, non-pathology of homosexuality achieved. On April 20, 2001, the third edition of the "China mental classification and diagnostic criteria" removed homosexuality from the list of mental illness, which is reflected in the progress of social civilization. They have a right to their own needs, but this demand was not improper sexual rights, society should not be different because of their sexual orientation not be beneficial rights protection. Homosexuality is not a problem, but because of the conflict between homosexuality and mainstream society will have a problem. This issue requires a lot of effort can be resolved, depending on social acceptance and legal recognition, homosexual own positive action. This article is divided into four parts: the first part is an overview of homosexuality. In this part of the principal introduces the concept of homosexuality, the causes, classification, the survival of the status quo, and my homosexuality and the AIDS disease and its relationship. Through this part of the presentation, so that we have a basic understanding of homosexuality and it is confirmed, not only the modern; Homosexuality is not a disease, just a different sexual orientation. As long as humanity exists, there will be a homosexual presence, and this is natural. Part II focuses on the protection of the fundamental rights of homosexuals and their values, homosexuals and the right to equal protection. Homosexual rights are a prerequisite and foundation. As specified in the Constitution the right to equality of citizens and national respect for and protection of human rights can be seen in the protection of the rights of the homosexual family. The third part of the marriage and family rights to homosexuals the exposition. Introduce to the main set of causes of marriage and family, homosexual marriage legislation cases, the combination of same-sex marriages or homosexual marriage legislation and national model legislation for our inspiration. Marriage is the stabilizer of social relations, marriage can protect many rights, it is the nature of living together. Homosexuals want to enjoy this right, they would like to stable homosexual relationship between the partners, although traditional marriage is heterosexual can enjoy, but also hard to find good reason to deny homosexuals the right to marriage is not right, on the contrary, their rights must be fully appreciated, not because of sexual orientation in the different rights with the protection of discrimination. Part IV on the country's protection of the rights of homosexuals. Introduce the need to protect the rights and protection of the rights and the status of relevant legal protection. In this part, the authors focus on the relevant legal protection to homosexuals in our recommendations. Now my legal provisions related to homosexuality was not in place, many void in the need for the criminal acts of homosexuality in the Penal Code, the adjustment range, effective norms homosexual acts; For the right to be homosexual effective protection through the revision of relevant laws to regulate homosexual acts and effective protection of the legitimate rights of homosexuality. In short, this by the introduction of homosexuality to appeal to the legislature to amend the law relevant departments to protect the legitimate rights and interests of homosexuals, especially homosexual marriage and family rights protection is the top priority. At the same time, the public will gradually change ideas, not to homosexuality as a consequence, lead to homosexuals and equal environment, thereby better protecting human rights and achieving social harmony with the mainstream homosexuality.
Keywords/Search Tags:Homosexuality, Fundamental right, Marriage of homosexuals, Legal protection
PDF Full Text Request
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