Gay Rights, Minority Rights, the Right to Marriage
Same-sex marriage is the phenomenon that faces different reactions; some societies accept the idea, while other societies refuse it. The factors, which impact on this idea include religious commandments, some inherited traditions, and the existence of the majority, which could overcome the pro-minority of same-sex marriage. In other words, even that same-sex marriage presents a minority in most societies, they should have human rights, and because as it known most human rights declarations try to support and protect any minority.
If we take a look at the different declarations of human rights, it will clarify that there are lots of articles about marriage rights, and about minorities ’ rights. Article 16 from the universal declaration of human rights states” men and women with full age, without any limitation due to race, nationality or religion, have the right to marry, and marriage shall be entered into only with the free and full consent of the intending spouses”, and article 10(1) from international covenant on economic, social, and cultural rights said:” right to choose marriage partner freely”, these articles gave one limitation to marriage, which is age, articles gave freedom to choose marriage partner without putting sex or gender as limitation to marriage, so homosexual or same-sex marriage didn’t contravene human rights declarations, and gay as a minority has rights, one of their rights is practicing this type of marriage.
Article 27 from the international covenant on civil and political rights said:” right of the minority to enjoy their culture, language, and religion”, same-sex couples are a minority and same-sex marriage is part of their culture and nature, so they should be respected, and this marriage has to be considered as one of their basic rights.
After realizing that same-sex couples have the right to marriage and this right didn’t violate human life, it only supports the unusual nature and desire for unusual minority, the next step should be demanding from governments to respect this minority (same-sex couples who choose to hold homosexual marriage) because when government respects them, the government will have a good reputation, it will appear as a government that supports every human regardless of his/her gender.
Governments could support this minority, provide them with complete protection, and gives their rights the same degree of importance of ordinary human rights, by started with giving a same-sex government-issued certificate of marriage, marriage is a right that all governments must respect regardless of the gender. Then, the government should support organizations, which helps same-sex couples in practicing their right to marriage, it could support them by certifying such organizations, such as civil unions that exist in a lot of countries, all of these procedures help in making same-sex couples marriage( homosexual marriage) more official, and guaranteeing their rights in a more official way.
- UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at http://www.refworld.org/docid/3ae6b3712c.html [accessed 23 October 2017]
- (Hass, Micheal, international human rights a comprehensive introduction, civil and political rights and crimes against humanity).
- (Hass, Micheal, International Human Rights A Comprehensive Introduction, Economic, Social, and Cultural Rights).