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Research On The Right To Sexual Orientation

Posted on:2019-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:S HuFull Text:PDF
GTID:2416330566486736Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Same-sex culture has a deep historical background.The origin of jurisprudence of respecting and protecting the right of sexual orientation can be explained by Grotius’ understanding of natural law.Respecting and protecting the right of sexual orientation means respecting and protecting human nature,that is,respecting and protecting human rights.From the explanation of Grotius’ s natural law to the fifties of the 20 th century,defiant scholars such as Devlin,Hart etc.,conducted intense academic discussion around “whether or not samesex behavior should be punished by the criminal law” and put human rights,The relationship between morality and law has been pushed to the level of modern civilization.The books "Ethical Coercion of Morals" and "Law,Freedom,and Morality" born in this academic debate can all find ideological theories that support the legalization of homosexuality.In the long history of Chinese history,homosexual culture once became the mainstream culture of society.In the Song Dynasty,the homosexual culture reached its peak.It was subsequently silenced and called silent because Chinese culture did not record the legal system against homosexual culture.Even before and after the founding of the PRC,our country’s legal construction was relatively backward.In those years,same-sex behavior was also not regarded as a crime.This provides a good cultural background for the establishment of a protection mechanism for the right to sexual orientation in China.With the rise of European cultural movements,developed countries generally believe that the right to sexual orientation is a basic human right.They have legislatively protected the right to sexual orientation and established a more complete parental rights system.Some European countries,led by the Netherlands,have Even the complete legalization of homosexuality has been achieved,that is,the difference between homosexual culture and heterosexual culture has been eliminated from the constitution.Despite the different ways of protection,the United Kingdom,the United States,Canada and other countries also use their own methods to recognize the right to sexual orientation as the basic human rights of citizens,and to protect them from legislation or in case law.The style of the Sex Culture Movement naturally hit the land of Asia.A large number of legal scholars began to study the protection of same-sex culture from all angles.From today’s point of view,the right to protectionist tendencies is absolutely justified,and the right to sexual orientation is inextricably linked to human rights.However,China’s internal conditions for protectionist tendencies have already existed.On this basis,the same-sexculture involves The peripheral issues of parental rights protection and protection of equality will also take root with the protection of sexual orientation rights.
Keywords/Search Tags:right to sexual orientation, human rights protection, equality, anti-discrimination
PDF Full Text Request
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