This Tuesday, September 5, the Hong Kong Supreme Court ruled that the local government should provide a legal framework to recognize the unions of citizens of the LGBTIQ+ community. It is a historic step in which the island’s highest court supports unions between people of the same sex, although not marriage. His verdict came in response to a lawsuit filed by activist Jimmy Sham.
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An unprecedented ruling in Hong Kong. The island’s Supreme Court issued a verdict urging the local government to recognize civil unions between people of the same sex.
However, the court abstained from recognizing the full right to marriage of the LGBTIQ+ community, a partial victory, but hopeful for that group, Amnesty International highlighted.
By majority and in a written ruling, the judges of the highest judicial instance declared that the Government is violating its obligation to establish an alternative framework for the legal recognition of same-sex couples, such as registered civil unions or civil unions. .
“The absence of legal recognition of your relationship may disrupt and degrade your private life together in ways that constitute arbitrary interference,” Judge Patrick Keane wrote.
The ruling comes in response to a lawsuit brought by pro-democracy activist Jimmy Shamwhich for five years has waged a legal battle for the recognition of same-sex marriage.
Sham, who married her husband in New York in 2013, argued that Hong Kong laws that do not recognize such ties violate the constitutional right to equality.
Although the high court did not support such marriages with its ruling, it does urge the authorities to provide legal recognition to these couples to protect their rights.
“PIt can be the beginning of a more equal society in Hong Kong”
Defenders of equality among citizens highlight that the sentence is a step forward and that it will have strong implications for the lives of the LGBTIQ+ community. Also for the reputation of the island, recognized as one of the largest financial centers in the world, which could now be perceived as an inclusive and suitable place to live and work, they point out.
Amnesty International said that while this is a partial victory, “it is an important step and a hopeful moment for Hong Kong’s LGBTI community, long deprived of equal rights due to outdated and discriminatory laws.”
The human rights group stressed that it is “unfortunate” that Hong Kong laws consider that the constitutional right to marry is limited to couples formed by people of different sex.
Hong Kong’s LGBTI people have long been denied equal rights due to outdated laws.
Today’s ruling that the government must provide a legal framework for the recognition of same-sex relationships is a step in the right direction 🌈
https://t.co/DMq4O79vAi— Amnesty International (@amnesty) September 5, 2023
However, he indicated that it is remarkable that the Supreme Court requires the Government to provide formal and general legal recognition to same-sex couples to protect their rights and recognize their legitimacy.
“Today may be the beginning of a more equal society in Hong Kong, but there is still a long way to go. Now it is essential that the Government does not delay compliance with the sentence as the first step to guarantee full equality to LGBTI people ”, she emphasized.
Lawyers and activists stress that the ruling could potentially force changes on the part of the government and institutions on the semi-autonomous island and lead to the creation of a new legal regime that allows legal avenues of inheritance and insurance for these couples, as well as tax breaks, among other rights.
They also stress that the decision could influence Asian financial centers, from Tokyo to Singapore, to draft more inclusive laws as an attraction for the diverse and global talent that multinational corporations, from banks to tech giants, are trying to recruit and retain.
China, which exercises control over the island, decriminalized homosexuality in 1997 and removed it from its list of mental illnesses in 2001, but same-sex marriage is not recognized and there are no official legal protections for now.
With Reuters and AP
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