The Possibility of Same-Sex Marriage and the Right to Form a Family--In the view of Gender Studies
Date Issued
2011
Date
2011
Author(s)
YU, HUI-JUNG
Abstract
Same-sex marriage has not been legalization in Taiwan. “Out of closet” could possibly affect the court to permit homosexuals’ adoption of minor children.
Homosexuals in Taiwan fight for the legalization of same-sex marriage or adoption of minor children face many obstacles. First of all, I focus on homosexual sex orientation discrimination and research into gender studies point of minorities groups to discuss the homosexuals who are suffered by long-term injustice treatment. In order to establish the fundamental right of same-sex marriage, the thesis full the definition with Constitution, the presentation of Constitution and interpretations, as well.The thesis quoted the comparative law point of view, analysising recent three years U.S. and European Court of Human Rights of relevant decision, since many foreign countries have found the legitimacy of same-sex marriage and homosexual adoption of minor children, the possibility of same-sex marriage and homosexual adoption of minor children could be regcognized in Taiwan in the same way. Finally, to implement the possibility of legal same-sex marriage and LGBT families in Taiwan, I will advice domestic legislative direction of the proposals.
Subjects
Gender studies
homosexual
sex orientation
same-sex marriage
fundamental rights
legal interests of children
LGBT family
civil union
Type
thesis
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ntu-100-R95341005-1.pdf
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