HOMOSEXUAL RIGHTS AND SAME-SEX MARRIAGE IN VIETNAM
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Abstract
Homosexuals in Vietnam face many prejudices, stigmas, and discrimination from family, society, friends, and from people in the same community as in some other countries in the world. Assessed objectively and comprehensively, the issue of homosexual rights appeared quite late in the Vietnamese legal system (only the right to determine gender has been recognized since 2005). Over the past five years, the legal system has been amended and supplemented with a number of positive and developed provisions on the rights of these subjects (marriage and family, civil, criminal justice, etc.). However, in general, the Vietnamese legal system on this issue still has some gaps, not covering all homosexual and transgender subjects (same-sex cohabitation relationships, property relationships, child rights, criminal judgment execution, etc.). Basically, the Vietnamese law on this subject's rights still lacks a lot of regulations compared to the common standards of the world.
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References
Institute of Legal Science - Ministry of Justice (2013), The research project at grassroots level “Identifying legal issues about the homosexual, bisexual and transgender community in Vietnam currently”, Ha Noi, Chairman: Truong Hong Quang; p 8.
Susan D Cochran, Jack Drescher, Eszter Kismödi, Alain Giami, Claudia García-Moreno, Elham Atalla, Adele Marais, Elisabeth Meloni Vieira & Geoffrey M Reed, Proposed declassification of disease categories related to sexual orientation in the International Statistical Classification of Diseases and Related Health Problems (ICD-11), 2014.
Royal College of Psychiatrists, Submission to the Church of England’s Listening Exercise on Human Sexuality, http://www.rcpsych.ac.uk/members/specialinterestgroups/gaylesbian/submissiontothe cofe.aspx, the date of access: October 10, 2017
Le Tran Huy Phu (2004), Psychiatrists defend homosexual “disease”, http://www.talawas.org/talaDB/showFile.php?res=2764&rb=0503, September 6, 2004.
Doan Thi Ngoc Hai. The right to change gender according to the provisions of Vietnamese civil law. Url: https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao-doi.aspx?ItemID=2325.
Vo Khanh Vinh (Editor) (2009), Human Rights: Multidisciplinary and interdisciplinary approach to social sciences, Social Science Publishing House, Hanoi, 2009, p.18.
Truong Hong Quang. The rights of homosexual, bisexual, transgender and intersex people according to current Vietnamese law. Doctoral Thesis of Jurisprudence. Ha Noi. 2019, p. 79.
Legal Department - Government Office (2012), Report No. 9734/PL dated November 28, 2012 on the survey results of the interdisciplinary mission on the Civil Code project and the Marriage and Family Law project, Hanoi, p.11,12.
Nguyen Thi Thu Nam, “Same-sex marriage, world trends and experiences for Vietnam”, Journal of Democracy and Law (Ministry of Justice), Special issue of Amending and Supplementing the Law on Marriage and Family in 2000, 2013, p. 164.