Following the landmark ruling, the government must show progress on same-sex legislation

by time news

2024-09-05 11:45:11

One year after a story Peoples on the The rights of LGBTI people in Hong Kong, The authorities should provide an update on the progress of their plans to identify groups of same-sex couples in the city. This was announced today by Amnesty International.

On September 5, 2023, the Hong Kong Final Appeal Court decided that the government has the constitutional duty to provide an alternative legal framework to recognize same-sex groups, and set a two-year deadline for its establishment.

Although the resolution does not require equal marriage, it does provide a reason a new dream to improve rights and recognition regardless of sexual orientation.

“One year after this landmark legal victory for LGBTI people in Hong Kong, we urge the government to provide an update on its plans to act on the court’s ruling. The government has a year to comply with the resolution but, in the meantime, we deny equality every day,” said Sarah Brooks, director of Amnesty International China.

“The government must heed the call of its own courts to ensure that same-sex relationships in Hong Kong are recognized on equal terms – and on the same basis and with the same rights – as those between people of different sexual.”

Hong Kong law does not currently recognize same-sex relationships, and gay couples are not allowed to marry or establish any type of legally registered civil union.

Therefore, same-sex couples will not be allowed to enjoy the same rights enjoyed by same-sex couples (with some exceptions if they get married abroad *). Examples can be found in almost every aspect of life.

“This first conference should be an incentive to increase the work of the government to comply with the judgment of the Court, to review and reform the laws, policies and practices that discriminate against the people based on their sexual orientation, gender identity or relationship status, and to fulfill it. the responsibility to give rights to all people, regardless of how they identify or who they love

Sarah Brooks, Amnesty International

Currently, people in relationships with others of the same sex:

  • They cannot adopt boys or girls together with their partner
  • They cannot access assisted reproductive technologies
  • They cannot inherit their deceased partner’s assets unless they give them to them in their will*
  • They cannot apply for public housing as a “mere family”*
  • They cannot enjoy maximum benefits of net income*
  • They cannot include their partner-same on their health insurance if the government employs them*
  • They cannot object to the removal of their deceased partner’s organs for medical research or education
  • They are not immediately notified if their partner dies in prison
  • They are not protected against unfair treatment by their employer if they have to care for their terminally ill partner

“The lack of legal framework for same-sex couples in Hong Kong means that these couples suffer institutional discrimination. It is time for the Hong Kong government to provide a clear update on the progress on this process, including how much of the process has been done, how LGBTI people are being consulted, and when the process will be presented to the Council Hong Kong Legislature. city ​​for debate,” said Sarah Brooks.

“Time is of the essence. This first session should be an incentive to increase the work of the government to comply with the judgment of the Court, to review and reform laws, policies and practices that discriminate against people based on orientation their sex, gender identity or marital status, and to fulfill their obligations. to give everyone rights, no matter how they identify or who they love.”

Additional Information

On September 5, 2023, the Hong Kong Court of Appeal issued a partial victory to Male, gay, bisexual, transgender and intersex (LGBTI) rights activist Jimmy Sham. The court set a two-year deadline for the government to provide a selection process for same-sex couples, meaning the process must end by September 5, 2025.

Sham, who married in the United States in 2013, began her campaign to have Hong Kong recognize same-sex marriages performed abroad in 2018, arguing that the current law in place is illegal. .

Currently, Hong Kong only recognizes legal “marriage” between one man and one woman and does not recognize same-sex marriage, civil unions or any other form of legal union.

The authorities have not taken adequate measures to combat discrimination against LGBTI people in general, despite the clear recommendation of the UN Human Rights Council, charged with monitoring the government’s compliance with its obligations under the International Covenant on Civil and Political Rights (ICCPR). introduced after its review of Hong Kong in 2022.

However, the Hong Kong Supreme Court and lower courts have held in recent years that denying coverage of group rights for same-sex couples is discriminatory, opening the door to some limited improvements such as, for example, receiving same-sex couples’ rights to spousal visas, employment benefits, joint taxation and public housing.

Amnesty International opposes discrimination in civil marriage laws on the basis of sexual orientation or gender identity, and calls on states to recognize married couples, crossing borders if necessary.

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