REFLECTIONS ON GAY AND LESBIAN (HOMOSEXUAL) RIGHTS: A COMPARATIVE APPROACH
Journal Title: European Journal of Business and Social Sciences - Year 2015, Vol 3, Issue 11
Abstract
Background: The sexual is a vital aspect human rights and should be inherent in a democracy as equality, privacy, liberty and dignity are. Aim: The aim of this study is to alert judicial officers, politicians and policy-makers to do away with discrimination of people on the basis of their sex and to afford homosexuals (gay and lesbians) the same constitutional rights of dignity and the expression of their sexuality. These aims or objectives are being achieved by basing the study mainly on a theoretical scope. Methodology: The databases from which the author draws are books, case law, and internet sources. This study is a serious inquiry based on original data. The article demonstrates knowledge on the latest research-based literature on the topic and is universal in nature. The research covered the notions or perceptions of several jurisdictions, such as New Zealand, South Africa, United States of America and Muslim countries in the Middle and Far East. By coupling these different countries the study evokes a holistic picture of the rights to be afforded to homosexuals. Result: An analysis of American case laws for example in State of Oklahoma v Neil and Bernina Mata and Middle and Far Eastern judicature on homosexuality, have established that the unjust and discriminatory treatment was meted out to certain people because they were homosexuals. South Africa, in case law National Coalition for Gay and Lesbian Equality v Minister of Home Affairs, posed a rather positive approach to these marginalized group of people to such extent that gay and lesbian rights are being recognized in its constitutional framework. Conclusion: The article pursues results where rights to liberty and respect for gay and lesbians and other minority groups to be established and these results been promulgated into law. In conclusion, it is worth note that the laws of South Africa paved the way for other countries to adopt a policy of tolerance towards homosexuals who also formed part of the community and deserved its protection like other heterosexual beings.
Authors and Affiliations
Dr. Nico P Swartz| University of Botswana. Department of Law, Private Bag 00705, Gaborone, Mr Kagiso Tshwene| University of Botswana. Department of Law, Private Bag 00705, Gaborone, Mr Kediretswe Mothabatau (academic assistants)| University of Botswana. Department of Law, Private Bag 00705, Gaborone
Keywords
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