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116-462: Estonian LGBT Association offers schooling for teachers and social workers. The purpose of the training is to help individuals who work with adolescents to understand LGBT people, their situation in Estonia and how to offer support to people who experience homophobic harassment. The Estonian LGBT Association offers support and encourages individuals to advance LGBT rights in Estonia. The president of

232-455: A civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction. Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of

348-550: A broad range of civil, political, economic, social, and cultural rights, such as the right to life , freedom of expression , protection against enslavement , and access to education . The modern concept of human rights gained significant prominence after World War II , particularly in response to the atrocities of the Holocaust , leading to the adoption of the Universal Declaration of Human Rights (UDHR) by

464-586: A case involving an Austrian same-sex couple who were denied the right to marry. The court found, by a vote of 4 to 3, that their human rights had not been violated. The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination"). Article 12 of

580-552: A central focus in international relations and legal frameworks, supported by institutions such as the United Nations, various non-governmental organizations, and national bodies dedicated to monitoring and enforcing human rights standards worldwide. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the events of the Holocaust , culminating in

696-515: A century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies. Research findings from 1998 to 2015 from

812-422: A country's population economically in order dampen that population's view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened. The risk of human rights violations increases with

928-430: A divorce in jurisdictions that recognized same-sex marriages, with some exceptions. There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A " majority rules " position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives. In contrast,

1044-686: A gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate , and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria,

1160-579: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and

1276-408: A greater need for adoption or assisted reproductive technology to become parents. Lesbian couples often use artificial insemination to achieve pregnancy, and reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. Surrogacy is an option for wealthier gay male couples, but

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1392-409: A man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men." A few scholars believe that in the early Roman Empire some male couples were celebrating traditional marriage rites in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded. Various ancient sources state that

1508-618: A mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly . Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva , and meets three times a year; with additional meetings to respond to urgent situations. Independent experts ( rapporteurs ) are retained by

1624-675: A mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to

1740-924: A national level are: Bolivia , Croatia , Cyprus , the Czech Republic , Hungary , Italy , Latvia , Liechtenstein , Monaco , Montenegro and San Marino . Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel . Poland offers more limited rights. Additionally, various cities and counties in Cambodia and Japan offer same-sex couples varying levels of benefits, which include hospital visitation rights and others. Additionally, eighteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: Argentina , Australia , Austria , Belgium , Brazil , Chile , Colombia , Ecuador , France , Greece , Luxembourg , Malta ,

1856-589: A number of countries have enacted preventative constitutional bans , with the most recent being Mali and Tuvalu in 2023, and Gabon in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman. In 2010, the European Court of Human Rights (ECHR) ruled in Schalk and Kopf v Austria ,

1972-570: A number of countries, including Kosovo , Lithuania , Peru , the Philippines , Poland , and Ukraine . On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to "[reflect] on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue". In response to the international spread of same-sex marriage,

2088-567: A reaction to slavery, torture, genocide, and war crimes. The medieval natural law tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers , St Ambrose , and St Augustine . Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust . The Kouroukan Fouga

2204-494: A requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity. In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive

2320-812: A resolution calling on the European Commission to ensure that the ruling is respected across the EU. On 8 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation

2436-469: A significant generational difference are placed to the right. A 2016 survey by the Varkey Foundation found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world. (The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in

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2552-465: A similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but

2668-493: A typology of six paradigms of action that agents, such as human rights agencies, international organizations, individual states, and NGOs , could use to enforce human rights: (1) accountability, (2) inducement, (3) assistance, (4) domestic contestation and engagement, (5) compulsion, and (6) external adaptation. Responsibility to protect refers to a doctrine for United Nations member states to intervene to protect populations from atrocities. It has been cited as justification in

2784-418: A variety of other issues. Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to

2900-488: Is a stub . You can help Misplaced Pages by expanding it . Same-sex marriage Recognized Same-sex marriage , also known as gay marriage , is the marriage of two people of the same legal sex . As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in

3016-642: Is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission

3132-401: Is also significantly stronger among younger generations, with a clear trend of continually increasing support. Pew Research polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without

3248-618: Is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

3364-749: Is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalization , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (the IACHR)

3480-457: Is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies , which show that homosexuality is a natural and normal variation in human sexuality, that sexual orientation is not a choice, and that children of same-sex couples fare just as well as

3596-479: Is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as civil unions ) instead of same-sex marriage. Civil union, civil partnership , domestic partnership , registered partnership , unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 27 November 2024, countries that have an alternative form of legal recognition other than marriage on

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3712-522: Is criminalized . There are records of marriage between men dating back to the first century . Michael McConnell and Jack Baker are the first same sex couple in modern recorded history known to obtain a marriage license , have their marriage solemnized, which occurred on September 3, 1971, in Minnesota , and have it legally recognized by any form of government. The first law providing for marriage equality between same-sex and opposite-sex couples

3828-498: Is legally performed and recognized in 36 countries: Andorra , Argentina , Australia , Austria , Belgium , Brazil , Canada , Chile , Colombia , Costa Rica , Cuba , Denmark , Ecuador , Estonia , Finland , France , Germany , Greece , Iceland , Ireland , Luxembourg , Malta , Mexico , the Netherlands , New Zealand , Norway , Portugal , Slovenia , South Africa , Spain , Sweden , Switzerland , Taiwan ,

3944-410: Is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of

4060-562: Is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family. Among the Igbo people and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage. The American Anthropological Association stated on 26 February 2004: The results of more than

4176-488: Is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in

4292-907: Is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of

4408-471: Is widely accepted, debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Criticisms often arise from perspectives like cultural relativism , which argue that individual human rights are inappropriate for societies that prioritise a communal or collectivist identity, and may conflict with certain cultural or traditional practices. Nonetheless, human rights remain

4524-730: The African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of

4640-812: The Catholic Church , and the Southern Baptist Convention , use the term traditional marriage to mean opposite-sex marriage. A reference to marriage between same-sex couples appears in the Sifra , which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry

4756-461: The European Court of Justice ruled, in a case from Romania , that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage. However, the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed

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4872-633: The Netherlands , Portugal , South Africa , Spain , the United Kingdom and Uruguay . They are also available in parts of the United States ( Arizona , California , Colorado , Hawaii , Illinois , New Jersey , Nevada and Oregon ) and Canada. Female same-sex marriage is practiced among the Gikuyu , Nandi , Kamba , Kipsigis , and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this

4988-552: The United Kingdom , the United States , and Uruguay . Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel . Same-sex marriage will begin to be performed by Liechtenstein and Thailand in January 2025, and is under consideration by the legislature or the courts in El Salvador , Italy , Japan , Nepal , and Venezuela . Civil unions are being considered in

5104-399: The United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity , freedom, and justice. The UDHR has since inspired numerous international treaties and national laws designed to promote and safeguard these rights globally. While the principle of universal human rights

5220-1064: The United Nations Security Council and the United Nations Human Rights Council , and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to: ... achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. The UN Human Rights Council, created in 2005, has

5336-596: The United States , the AIDS epidemic led to increased attention on the legal aspects of same-sex relationships. Andrew Sullivan made the first case for same sex marriage in a major American journal in 1989, published in The New Republic . In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships , which gave those in same-sex relationships "most rights of married heterosexuals, but not

5452-633: The University of Virginia , Michigan State University , Florida State University , the University of Amsterdam , the New York State Psychiatric Institute , Stanford University , the University of California-San Francisco , the University of California-Los Angeles , Tufts University , Boston Medical Center , the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support

5568-485: The Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Philosophers such as Thomas Paine , John Stuart Mill , and Hegel expanded on

5684-433: The common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights , the 1789 United States Constitution , and the 1791 United States Bill of Rights . 17th century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in

5800-491: The social construct across cultures around the world. Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 African peoples , such as the Kikuyu and Nuer . With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of

5916-912: The social contract . In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally,

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6032-649: The 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law , to be further developed following the two World Wars. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I . The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter

6148-413: The 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law , which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself

6264-469: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

6380-539: The African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

6496-549: The Czech Republic and San Marino. The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are transgender , depending on how sex is defined within a jurisdiction. Transgender and intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of

6612-500: The Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis , in his 1867 opinion for Ex Parte Milligan , wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over

6728-478: The Estonian LGBT Association, Helen Talalaev, has supported the gender-neutral marriage law, claiming that same-sex couples are already living together and this new law would give them legal security. This article about an organisation in Estonia is a stub . You can help Misplaced Pages by expanding it . This article about a lesbian, gay, bisexual, or transgender -related organization

6844-592: The European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used

6960-630: The General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions. The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. The African Commission on Human and Peoples' Rights (ACHPR)

7076-644: The Netherlands. Two more countries, Liechtenstein and Thailand , are set to begin performing same-sex marriages in January 2025. Same-sex marriage is legally recognized in a large majority of the world's developed countries ; notable exceptions are Italy , Japan , South Korea and the Czech Republic . Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia , restrict advocacy for same-sex marriage. A few of these are among

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7192-409: The School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy,

7308-403: The UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include

7424-452: The UDHR binding on all states. They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. Numerous other treaties ( pieces of legislation ) have been offered at

7540-528: The United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights: The ICC and other international courts (see Regional human rights below ) exist to take action where

7656-608: The United States have correlated legalization of same-sex marriage to lower rates of HIV infection, psychiatric disorders, and suicide rate in the LGBT population . While few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for

7772-431: The adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. However, the concept has in some sense existed for centuries, although not in the same way as today. The true forerunner of human rights discourse was the concept of natural rights , which first appeared as part of

7888-491: The basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights . The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. Humphrey and Cassin intended

8004-463: The children of opposite-sex couples. Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), Canadians for Equal Marriage , and Marriage for All Japan - used the terms marriage equality and equal marriage to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. The Associated Press recommends

8120-453: The children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At the same time, no harm is done to the institution of marriage among heterosexuals. Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating

8236-449: The children of same-sex parents or carers. Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary. Compared to heterosexual couples, same-sex couples have

8352-450: The concept of human rights has been argued as a strategy to prevent human rights abuses. Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights. The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to

8468-585: The core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to

8584-691: The cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships. All states that allow same-sex marriage also allow the joint adoption of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely

8700-734: The council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from

8816-582: The couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and

8932-437: The course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour . The women's rights movement succeeded in gaining for many women the right to vote . National liberation movements in many countries succeeded in driving out colonial powers. One of

9048-696: The data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Studies in

9164-430: The emperor Nero celebrated two public weddings with males, once taking the role of the bride (with a freedman Pythagoras ), and once the groom (with Sporus ); there may have been a third in which he was the bride. In the early 3rd century AD, the emperor Elagabalus is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of

9280-469: The emperor. Roman law did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially. As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear. Michael McConnell and Jack Baker are

9396-437: The events of World War II . The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality . ... recognition of

9512-1009: The experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers , such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor . Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations , such as Amnesty International , Human Rights Watch , World Organisation Against Torture , Freedom House , International Freedom of Expression Exchange and Anti-Slavery International . These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights. Educating people on

9628-437: The findings of this study. The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors. The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On

9744-402: The first same sex couple in modern recorded history known to obtain a marriage license , have their marriage solemnized, which occurred on September 3, 1971, in Minnesota , and have it legally recognized by any form of government. Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in

9860-521: The health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities. As of 2006 ,

9976-407: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under

10092-400: The inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR. Although the UDHR is a non-binding resolution, it

10208-548: The increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation and force-feeding of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring

10324-628: The inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame

10440-537: The international level. They are generally known as human rights instruments . Some of the most significant are: In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right. In April 2024, the European Court of Human Rights ruled, for the first time in history, that the Swiss government had violated human rights by not acting strongly enough to stop climate change. Charles Beitz proposes

10556-531: The issue of the term universal , the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III argued: The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as

10672-534: The latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection. The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic organization of 10 countries located in Southeast Asia, which

10788-638: The medieval natural law tradition. It developed in new directions during the European Enlightenment with such philosophers as John Locke , Francis Hutcheson , and Jean-Jacques Burlamaqui , and featured prominently in the political discourse of the American Revolution and the French Revolution . From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as

10904-595: The most influential was Mahatma Gandhi 's leadership of the Indian independence movement . Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement , and more recent diverse identity politics movements, on behalf of women and minorities in the United States. The foundation of the International Committee of the Red Cross ,

11020-462: The national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

11136-420: The notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition

11252-507: The right to adopt or obtain joint custody of a child". In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. Since then, same-sex marriage has been established by law in 34 other countries, including most of the Americas and Western Europe . Yet its spread has been uneven — South Africa is the only country in Africa to take

11368-478: The right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion. Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for

11484-652: The rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi . The inclusion of both civil and political rights and economic, social, and cultural rights

11600-662: The state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which

11716-591: The step; Taiwan and Thailand are the only ones in Asia . The summary table below lists in chronological order the sovereign states (the United Nations member states and Taiwan ) that have legalized same-sex marriage. As of 2024, 38 states have legalized in some capacity. Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority. Same-sex marriage

11832-500: The survey countries of Russia and Indonesia.) Human rights Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws . These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human , regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass

11948-485: The term "men and women" instead of "everyone". Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. Andersen v Poland . In 2021, the court ruled in Fedotova and Others v. Russia —followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage. On 5 June 2018,

12064-439: The theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights", so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau , wrote about human rights in his treatise On

12180-417: The use of same-sex marriage over gay marriage . In deciding whether to use the term gay marriage , it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term gay marriage is sometimes considered erasure of such people. Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of

12296-582: The use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War by NATO and Qatar where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government. Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting

12412-467: The well-known Valladolid Debate that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. Magna Carta is an English charter originally issued in 1215 which influenced the development of

12528-475: The word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions. The Oxford English Dictionary has recognized same-sex marriage since 2000. Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as the Church of Jesus Christ of Latter-day Saints ,

12644-485: The world's major medical and scientific communities , along with human rights and civil rights organizations, while its most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in many developing countries. Scientific studies show that the financial, psychological, and physical well-being of gay people are enhanced by marriage, and that

12760-578: The world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world. Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and

12876-534: Was passed in the continental Netherlands in 2000 and took effect on 1 April 2001. The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through referendums and initiatives . The most prominent supporters of same-sex marriage are

12992-627: Was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had

13108-546: Was decisive in the dissemination of the term iura naturalia . This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in

13224-402: Was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender. In the United States before the case of Obergefell v. Hodges , couples in same-sex marriages could only obtain

13340-477: Was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Although this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the Soviet bloc , apartheid South Africa, and Saudi Arabia ), this principle was later subject to significant challenges. On

13456-555: Was the constitution of the Mali Empire in West Africa . It was composed in the 13th century, and was one of the very first charters on human rights. It included the "right to life and to the preservation of physical integrity" and significant protections for women. Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of

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