Communications in Humanities Research
- The Open Access Proceedings Series for Conferences
Communications in Humanities Research
Vol. 17, 28 November 2023
Open
Access | Article
Legal Protection and Recognition of Homosexuality in China
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Abstract
As the homosexual population in China is increasing constantly, more people are becoming more open-minded. Attitudes of ordinary people towards homosexuality have slowly changed from exclusion to acceptance. Chinese legal system needs several modifications to better protect the legal rights of homosexuals, including restrictions on violence and same-sex rape and same-sex marriage laws. Due in part to this predicament and traditional social rejection, gays live in an environment rife with violence, prejudice, pressure, psychiatric issues, and even suicide attempts. This research suggests three solutions to obtain their legal rights and social acceptance: homosexual education, a homosexual organization, and legal reforms. This study aims to further the cause of binary-sex individuals while assisting the homosexual community—and, in an ideal world, all sexual minority groups—in obtaining their legal rights and protection. It also aids in identifying the areas of the Chinese legal system that require alteration as contemporary society moves toward a more liberal ideal.
Keywords
homosexuals, sexual minorities, LGBTQ, legal rights, law
References
1. Liu, X. (2017, November 21). General Survey of Chinese transgender population Released. Chinadevelopmentbrie. https://chinadevelopmentbrief.org/reports/general-survey-of-chinese-transgender-population-released/
2. Myzx. (n.d.). China’s same-sex violence (sodomy) cases and legislative analysis. Famous doctors online. https://www.myzx.cn/jiankang/show/3858.html
3. Chenxi. (2008, December 15). A survey on the ‘ living conditions ‘ of 30 million discriminated homosexuals in China. Docin. https://www.docin.com/p-4912720.html&key=%E5%90%8C%E6%80%A7%E6%81%8B%E6%80%8E%E4%B9%88%E6%B2%BB
4. Wang, Y., Hu, Z., Peng, K., Xin, Y., Yang, Y., Drescher, J., & Chen, R. (2019, September). Discrimination against LGBT populations in China. The Lancet. https://www.thelancet.com/journals/lanpub/article/PIIS2468-2667(19)30153-7/fulltext
5. Criminal Law of the People’s Republic of China (2020 Amendment). Available at: http://www.pkulaw.cn/fulltext_form.aspx?Db=chl&Gid=349391
6. Civil Code of the People’s Republic of China (2020). Available at http://www.npc.gov.cn/englishnpc/c23934/202012/f627aa3a4651475db936899d69419d1e/files/47c16489e186437eab3244495cb47d66.pdf
7. The Constitution of the People’s Republic of China (2022). Available at: https://www.suiping.gov.cn/web/front/news/detail.php?newsid=47190
8. Legal Gender Recognition in China: A Legal and Policy Review. (2018). https://www.undp.org/sites/g/files/zskgke326/files/migration/cn/UNDP-CH-Legal-gender-recognition---China-180805.pdf
9. Ricee, S. (2021, March 9). 68 Important LGBTQ Organizations You Must Know. Diversity for Social Impact. https://diversity.social/lgbt-organizations/#8-political-focused-lgbt-organizations
10. Anti-domestic Violence Law of the People’s Republic of China (2015). Available at: http://www.pkulaw.cn/fulltext_form.aspx?Db=chl&Gid=261780
11. Public Security Administration Punishments Law of the People’s Republic of China (2012 Amendment). Available at: http://www.pkulaw.cn/fulltext_form.aspx?Db=chl&Gid=188539
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the International Conference on Global Politics and Socio-Humanities
- ISBN (Print)
- 978-1-83558-167-4
- ISBN (Online)
- 978-1-83558-168-1
- Published Date
- 28 November 2023
- Series
- Communications in Humanities Research
- ISSN (Print)
- 2753-7064
- ISSN (Online)
- 2753-7072
- DOI
- 10.54254/2753-7064/17/20230778
- Copyright
- 28 November 2023
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited