Page 161 - สิทธิมนุษยชนของบุคคลที่มีความหลากหลายทางเพศ

Appeal, South Africa, recently commented on the judicial

decisions following the enactment of the constitution:

In the nearly thirteen years since South Africa

became a constitutional democracy, both Parliament and
the courts have done much to fulfill the promise of equality

and non-discrimination on the basis of sexual orientation:
- Criminal penalties against consensual sexual
conduct between adults in private have been prohibited.

The Constitutional Court based its decision outlawing
criminal prohibitions on such conduct not only on the

fact that sexual orientation is specifically listed in the
Bill of Rights, but on wider grounds of dignity and
privacy. This showed that even if the constitution did not

specifically mention sexual orientation, the court would
still have found the criminal prohibitions unconstitutional.

- Same-sex partners are entitled to benefit equally
from statutory health insurance schemes.
- Where legislation provides benefits for spouses,

permanent same-sex partners are entitled to equal
benefits.

- Same-sex couples can adopt children jointly on
the same basis as heterosexual couples.
-A same-sex partner is entitled to become the

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