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The time is ripe for the full recognition and protection by the law of same-sex marriages : blasphemy or benediction?Chaitram, Arvin 01 1900 (has links)
This short dissertation is an appraisal of same-sex marriages. The traditional arguments against
same-sex unions are examined and rejected as being circular, unconvincing and baseless. Some
of the international developments on the subject of same-sex unions are examined and it is noted
that a slow but distinct change in attitude towards same-sex marriages is beginning to emerge
from international judiciaries. The legal position of people with same-sex orientation in the
South African legal system is examined with special reference to our Constitution. It is
submitted that our Constitution is the foremost vehicle for legal change in this regard and that
the equality clause of our Constitution is authority for the recognition by the law of same-sex
marriages. This dissertation concludes that same-sex marriages ought to be fully accepted and
recognised by the law for reasons, inter alia, of fairness and equality for people of same-sex orientation. / Constitutional, International and Indigenous Law / LL. M.
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Domestic and Cohabitation Relationships Violence Ordinance: a piece of work in progress or the ultimatesolution for gay victims?Lam, Chi-wai, Michael., 林智偉. January 2012 (has links)
1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation.
With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice.
This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong. / published_or_final_version / Law / Master / Master of Philosophy
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