Thursday, October 10, 2019

Kelley Loper on Human Rights and Substantive Equality: Prospects for Same-Sex Relationship Recognition in Hong Kong (N Carolina J Int'l L)

Kelley Loper
Spring 2019, Volume 44, No. 2, Article 4
Introduction: This Article considers judicial approaches to the adjudication of the rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) persons in the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong). Hong Kong provides a notable case study of litigation strategies and court responses in a jurisdiction open to international human rights law. Sodomy was decriminalized in 1991 under the former British colonial regime, and, since 2006, Hong Kong courts have decided a number of cases concerning a range of issues including transgender marriage, different ages of consent for vaginal and anal intercourse, other discriminatory criminal provisions, restrictions on television broadcasts about relationships between gay men, the rights of incarcerated transgender persons, and the rights of same-sex couples. Other cases are still working their way through the system and future challenges are anticipated as advocates continue to pursue a persistent litigation strategy... Click here to read the full text. 

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