性的少数者の権利保障と法の役割

書誌事項

タイトル別名
  • Protection of Sexual Minority’s Rights and Role of Law
  • セイテキ ショウスウシャ ノ ケンリ ホショウ ト ホウ ノ ヤクワリ

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抄録

In the United States and European countries, the sexual minority’s rights and their communal life have been guaranteed. For example, the samesex marriage and registered partnership have been introduced and the law for altering the registered sex was enacted in recent years. Compared to those countries, the standard model of heterosexual marriage is still quite strong and the rights of sexual minority has been oppressed because LGBTI is regarded as a deviation of that model in Japan. The Act on Special Cases in Handling Gender for People with GID means to incorporate GID people into heterosexual marriage system by forcing those people to alter their registered sex. The act is not sufficient from the perspective of sexual autonomy. But, as women become economically independent, the the image of the family has been diversified and the consciousness of gender role has been changing. Officially, the Basic Plan for Gender Equality was formulated. These changes imply that the traditional standard model of family has been lost. The author suggests that viewing the issues of sexual minority’s rights as issues of changing family will make it possible that the sexual minority can ally with majority. Law has power both to protect the rights of minority against discrimination or oppression and to approve their life style. So, the author proposes the formulation of basic law for sexual minority’s rights and registered partnership.

収録刊行物

  • 法社会学

    法社会学 2012 (77), 88-106, 2012

    日本法社会学会

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