UNIVERSITY OF CAGAYAN

VALLEY
Formerly (Cagayan Colleges Tuguegarao)
Tuguegarao City Cagayan

MASTER OF SCIENCE IN CRIMINOLOGY

Graduate School

PROFESSOR : CRISANTO M. SAIT, RCRIM, PH.D.

ANALYTICAL PAPER

INTRODUCTION:
Same-sex marriage refers to a legally recognized union between two individuals of the same
gender, allowing them to enter into a formal marriage contract with the same rights,
responsibilities, and legal protections as opposite-sex couples. It is a term that denotes the ability
of individuals of the same sex to marry each other, thereby forming a legal and social partnership
based on mutual love, commitment, and shared life goals.

Traditionally, marriage has been viewed as a union between a man and a woman in many
societies worldwide. However, the concept of marriage has evolved over time, and the
recognition of same-sex marriage represents a significant shift in societal norms and legal
frameworks. Same-sex marriage challenges traditional notions of gender roles and expands the
concept of marriage to embrace the fundamental principles of equality, non-discrimination, and
the freedom to choose one's life partner regardless of gender.

The recognition of same-sex marriage often entails granting equal legal rights and benefits to
same-sex couples, including but not limited to issues of property ownership, inheritance,
healthcare decision-making, child custody, and spousal benefits. It symbolizes the social and
legal affirmation of love and commitment between two individuals of the same sex, providing
them with the opportunity to publicly declare their love and establish a legally recognized family
unit.

The recognition and acceptance of same-sex marriage vary across countries and regions,
reflecting different cultural, religious, and legal traditions. While some jurisdictions have fully
embraced marriage equality and extended legal protections to same-sex couples, others may
still restrict or prohibit same-sex marriage. The debate surrounding same-sex marriage
encompasses questions of human rights, equal treatment under the law, religious freedom, and
the evolving understanding of marriage as a fundamental right.
BODY:
All people have an equal right to live free from violence, persecution, discrimination and stigma.
International human rights law establishes legal obligations on States to ensure that every person,
without distinction, can enjoy these rights. While welcoming increasing efforts in many countries
to protect the rights of LGBTI people, we remain seriously concerned that around the world,
millions of LGBTI individuals, those perceived as LGBTI and their families face widespread
human rights violations. This is cause for alarm – and action. Failure to uphold the human rights
of LGBTI people and protect them against abuses such as violence and discriminatory laws and
practices, constitute serious violations of international human rights law and have a far-reaching
impact on society – contributing to increased vulnerability to ill health including HIV infection,
social and economic exclusion, putting strain on families and communities, and impacting
negatively on economic growth, decent work and progress towards achievement of the future
Sustainable Development Goals. States bear the primary duty under international law to protect
everyone from discrimination and violence. These violations therefore require an urgent response
by governments, parliaments, judiciaries and national human rights institutions. Community,
religious and political leaders, workers’ organizations, the private sector, health providers, civil
society organizations and the media also have important roles to play. Human rights are
universal – cultural, religious and moral practices and beliefs and social attitudes cannot be
invoked to justify human rights violations against any group, including LGBTI persons.
PROTECTING INDIVIDUALS FROM VIOLENCE
States should protect LGBTI persons from violence, torture and ill-treatment, including by:
• Investigating, prosecuting and providing remedy for acts of violence, torture and ill-treatment
against LGBTI adults, adolescents and children, and those who defend their human rights;
• Strengthening efforts to prevent, monitor and report such violence;
• Incorporating homophobia and transphobia as aggravating factors in laws against hate crime
and hate speech;
• Recognizing that persecution of people because they are (or are perceived to be) LGBTI may
constitute a valid ground for asylum, and not returning such refugees to a place where their life
or freedom might be threatened.
The United Nations and others have documented widespread physical and psychological
violence against LGBTI persons in all regions - including murder, assault, kidnapping, rape,
sexual violence, as well as torture and ill-treatment in institutional and other setting. LGBTI
youth and lesbian, bisexual and transgender women are at particular risk of physical,
psychological and sexual violence in family and community settings. LGBTI persons often face
violence and discrimination when seeking refuge from persecution and in humanitarian
emergencies. They may also face abuse in medical settings, including unethical and harmful so-
called “therapies” to change sexual orientation, forced or coercive sterilization, forced genital
and anal examinations, and unnecessary surgery and treatment on intersex children without their
consent. In many countries, the response to these violations is inadequate, they are underreported
and often not properly investigated and prosecuted, leading to widespread impunity and lack of
justice, remedies and support for victims. Human rights defenders combatting these violations
are frequently persecuted and face discriminatory restrictions on their activities.
REPEALING DISCRIMINATORY LAWS
States should respect international human rights standards, including by reviewing, repealing and
establishing a moratorium on the application of:
• Laws that criminalize same-sex conduct between consenting adults;
• Laws that criminalize transgender people on the basis of their gender expression;
• Other laws used to arrest, punish or discriminate against people on the basis of their sexual
orientation, gender
identity or gender expression. In 76 countries, laws still criminalize consensual same-sex
relationships between adults, exposing individuals to the risk of arbitrary arrest, prosecution,
imprisonment – even the death penalty, in at least five countries. Laws criminalizing cross-
dressing are used to arrest and punish transgender people. Other laws are used to harass, detain,
discriminate or place restrictions on the freedom of expression, association and peaceful
assembly of lesbian, gay, bisexual and transgender people. These discriminatory laws contribute
to perpetuating stigma and discrimination, as well as hate crime, police abuse, torture and ill-
treatment, family and community violence, and negatively affect public health by impeding
access to health and HIV services.
PROTECTING INDIVIDUALS FROM DISCRIMINATION
States should uphold international human rights standards on non-discrimination, including by:
• Prohibiting discrimination against LGBTI adults, adolescents and children in all contexts –
including in education, employment, healthcare, housing, social protection, criminal justice and
in asylum and detention settings;
• Ensuring legal recognition of the gender identity of transgender people without abusive
requirements;
• Combating prejudice against LGBTI people through dialogue, public education and training;
• Ensuring that LGBTI people are consulted and participate in the design, implementation and
monitoring of laws, policies and programmes that affect them, including development and
humanitarian initiatives.
LGBTI people face widespread discrimination and exclusion in all contexts - including multiple
forms of discrimination based on other factors such as sex, race, ethnicity, age, religion, poverty,
migration, disability and health status. Children face bullying, discrimination or expulsion from
schools on the basis of their actual or perceived sexual orientation or gender identity, or that of
their parents. LGBTI youth rejected by their families experience disproportionate levels of
suicide, homelessness and food insecurity. Discrimination and violence contribute to the
marginalization of LGBTI people and their vulnerability to ill health including HIV infection, yet
they face denial of care, discriminatory attitudes and pathologization in medical and other
settings. Transgender people are frequently denied legal recognition of their preferred gender or
face abusive requirements such as forced sterilization, treatment or divorce to obtain it, without
which they suffer exclusion and marginalization. The exclusion of LGBTI people from the
design, implementation and monitoring of laws and policies that affect them perpetuates their
social and economic marginalization.

CONCLUSION:
Domestic violence is not limited to heterosexual relationships and can affect individuals of all
sexual orientations and genders. WIthin the LGBTQ community, intimate partner violence
occurs at a rate equal to or even higher than that of the heterosexual community. LGBTQ
individuals may experience unique forms of intimate partner violence as well
as distinctive barriers to seeking help due to fear of discrimination or bias.

Although the response to LGBTQ victims of domestic violence is gradually improving, the
LGBTQ community if often met with ineffective and victimizing legal responses. Forty-five
percent of victims do not report the violence they experience to police because they believe
it will not help them. Further more, members of the LGBTQ community may be denied
assistance and domestic violence services as a result of homophobia, transphobia, and biphobia.

RECOMMENDATION:
I think that there are many things that we can do to help society from stopping violence on
children, women, and the LGBTQI+A and the following are my way of promoting safe space for
them:

 Education and awareness sessions, exploring attitudes and behaviours associated with dating
and relationship violence
 Reading or listening to stories that include incidents of dating and relationship violence, often
from the perspectives of both perpetrators and victims
 Role-playing and interactive theatre

 Reflection and discussion activities, in which participants share their thoughts, experiences, or
ideas, often after watching a video, listening to a story or participating in role-playing
 Awareness campaigns, including posters, films, video games, leaflets and newsletters, in
schools and extended to parents and carers
 Training to increase identification of incidents of dating violence, and to improve confidence
to intervene (often called bystander intervention)
 Educational booklets, presentations and discussion sessions aimed at parents and carers,
exploring signs of unhealthy relationships, strategies for enhancing parent-child
communication and resources to access support
 Community support, including services aimed at encouraging victims or witnesses to report
incidents, and support services such as counselling and group sessions for victims