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Sex

International law on same-sex couples

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International law on same-sex couples

International law through human rights law protects the right of intimate relations. This kind of protection is usually essential because it assures one of the rights to marriage, and at the same time, it gives one the right to private life as it prohibits discrimination of any form. If a person is not bisexual, then in many cases, the wish that one has to have an intimate relationship and live with it means that the person either wishes to live with a person of the same sex or to live with a person of the opposite sex. Nowadays, intimate relationships happen between people of the same sex i.e., same-sex couples and between different-sex couples. However, same-sex couples find it hard to get protection for their relationships since, over time, human rights treaties are usually interpreted, such that they only protect the rights of different-sex couples.

In the recent past, different states have embraced the idea of same-sex relationships and legalized marriages between such coupled in the national domestic law. Nevertheless, LGBT individuals have not yet got the kind of treatment heterosexual couples are accorded in terms of accessing marriage and recognition of their families. Internationally, the subject of LGBT is far from articulate since bodies such as the Human Right Committee (HRC) does not require the contracting states to legalize same-sex marriage. Thus, the LGBT persons’ matrimonial status is not protected and thus proving it difficult for these people to start families, and subsequently, there is no substantive legal recognition of their family life, which denies them parental rights. The same applies to transgender persons.

The rights of transgender persons purely depends on their state’s stand on recognizing their new gender and the possibility of them undergoing a gender reassignment procedure. Further, for a transgender person who is already married, they will have to divorce or turn their marriage into a civil union before carrying gender reassignment.

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