The rights of homosexuals : a European perspective of human rights

Abstract

In this thesis the concept of sexual orientation is explored alongside that of the human rights. I shall focus on one category of the sexual orientation, which is "homosexuals" whether they are gays or lesbians. However, I will give much more attention to gay men as they have been subjected to severe discriminating conditions along the human history. In which several restrictions are posed on homosexuals all over the world but in different degrees. Not only in theocratic states but also in the most developed secular countries that adopt the concept of separation between the state and religion. We can realise that most of the human rights instruments - whether regional or international instruments - protect the rights of homosexuals in the private sphere, and they did not address the protection of homosexual's rights in public. This thesis will provide a European perspective of the Human Rights, depending on the rights and freedoms enshrined under the European Convention on Human Rights. The main focus will be legal rights of homosexuals. However, the social perspective is important to this subject that is why I will cover it in the introductory chapter. The issue of equality of rights and non-discrimination is discussed in depth from various sides, to prove that equality of rights is far more important more than equality of status. I shall concentrate on two areas of the public sphere, where homosexual face discrimination, i.e. in the military and right to marry and found a family. Moreover, the right to privacy is well manifested as one of the fundamental rights of homosexuals. This chapter will deal with various issues under the right to privacy, for instance, 'the age of consent'; and the general prohibition of homosexual practice whether in private or public, etc. We can see that the European Commission and the Court decide to take the position that this kind of questions fall within the margin of appreciation of the member states. This study will give well justification and clarification on this iss11e. Finally, a comparative study will be held between the legal system of the Netherlands and Egypt. In order to prove that giving homosexuals rights did not demolish the society institution and it did not hinder its development. Recommendation to change the present situation has been provided.