Same-Sex Marriage from the Perspective of International Human Rights Law and Practice in Vietnam

Abstract

Same-sex marriage is a controversial issue between supporters and opponents, it even causes profound social divisions. The right to marry is considered a sacred right in each life. By this right, a family will be formed and linked with affection and sharing among family members. Therefore, protecting the right to marry of same-sex people will ensure the social value of the law, towards fairness - a noble goal of the law. More and more countries and territories around the world recognize same-sex marriage or other forms of registered coupling. This is a progressive trend that meets the needs and guarantees the rights of homosexuals. Moreover, the recognition of same-sex marriage also has positive effects on the family and society as shown by various scientific studies around the world. Vietnam is one of the countries taking relative late actions to build the rights for gay, bisexual, transgender (LGBT) people in general and LGBT right to marry in particular. The lack of regulations on the recognition of same-sex marriage has obviously led to many significant difficulties faced by LGBT people. Within the scope of this article, based on the analysis of same-sex marriage from the perspective of human rights, the author indicates the current situation of same-sex marriage in Vietnam, surveys and evaluates the difficulties of recognition of same-sex marriage, and thereby proposes some solutions to recognize and ensure the right to marry of LGBT people in Vietnam.