This chapter explores the denial, in certain states, of the right to freely choose a partner, whether of the opposite or the same sex, with whom to form a union in a preferred manner (not necessarily through marriage). Alarming setbacks are being recorded with the introduction of severe prison sentences and, in some cases, the death penalty, against those who engage in a romantic relationship with a person of the same sex. Furthermore, even in cases where forms of conventional or unconventional unions, distinct from marriage, between heterosexual or homosexual individuals are permitted, there remain significant legal gaps concerning the rights of partners at various stages of life. For instance, these gaps may affect rights during hospitalisation, access to inheritance rights, or the recognition of adoption rights for desired children. In some legal systems, divorce is prohibited, and adultery criminalised, particularly when committed by a woman. Husbands are often granted mitigating circumstances in cases of so-called honour crimes, committed to protect their own reputation. Women, on the other hand, even when raped, may be accused of adultery and consequently imprisoned or sentenced to death. Alarming disparities in the right to legal defence continue to disadvantage women in many regions of the world. In many legal systems are also observed alarming challenges to young girls forced to early, undesired marriages. This practice deprives these girls of their fundamental right to childhood and prematurely exposes them to an adult world marked by physical, psychological, and economic violence. Additionally, cultural contexts persist where unwritten laws and practices enforce unequal treatment between males and females within families. As a result, daughters are often denied the opportunity to pursue education, travel, or engage in leisure activities, privileges routinely afforded to their male counterparts. Instead, daughters are expected to assist their brothers, take on household responsibilities, and work alongside their mothers—upholding a patriarchal system that perpetuates male dominance over women.

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Obstacles to Free Family and Partnership Choices

  • Fiorenza Deriu

摘要

This chapter explores the denial, in certain states, of the right to freely choose a partner, whether of the opposite or the same sex, with whom to form a union in a preferred manner (not necessarily through marriage). Alarming setbacks are being recorded with the introduction of severe prison sentences and, in some cases, the death penalty, against those who engage in a romantic relationship with a person of the same sex. Furthermore, even in cases where forms of conventional or unconventional unions, distinct from marriage, between heterosexual or homosexual individuals are permitted, there remain significant legal gaps concerning the rights of partners at various stages of life. For instance, these gaps may affect rights during hospitalisation, access to inheritance rights, or the recognition of adoption rights for desired children. In some legal systems, divorce is prohibited, and adultery criminalised, particularly when committed by a woman. Husbands are often granted mitigating circumstances in cases of so-called honour crimes, committed to protect their own reputation. Women, on the other hand, even when raped, may be accused of adultery and consequently imprisoned or sentenced to death. Alarming disparities in the right to legal defence continue to disadvantage women in many regions of the world. In many legal systems are also observed alarming challenges to young girls forced to early, undesired marriages. This practice deprives these girls of their fundamental right to childhood and prematurely exposes them to an adult world marked by physical, psychological, and economic violence. Additionally, cultural contexts persist where unwritten laws and practices enforce unequal treatment between males and females within families. As a result, daughters are often denied the opportunity to pursue education, travel, or engage in leisure activities, privileges routinely afforded to their male counterparts. Instead, daughters are expected to assist their brothers, take on household responsibilities, and work alongside their mothers—upholding a patriarchal system that perpetuates male dominance over women.