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- Title
A Prohibition on Antisodomy Laws Through Regional Customary International Law.
- Authors
Sable, Suzanne Michelle
- Abstract
The article focuses on the right to privacy for many state antisodomy laws were repealed through nations' right to privacy laws, especially in regional customary international law. It looks at the historical origins of the criminalization of same-sex sexual activity and why the proposed norm is necessary. It states that same-sex sexual activity has not always been punishable as a crime though it has been recorded throughout history in both Eastern and Western civilizations. It explains customary international law generally, how norms of customary international law form, and the benefits of identifying crystallized rules. It concludes that the recent repeals of state antisodomy laws and pertinent international agreements do not reflect a global crystallized customary international law norm.
- Subjects
RIGHT of privacy; SODOMY; CUSTOMARY law; INTERNATIONAL law; SAME-sex relationships; SEXUAL intercourse; SEXUAL intercourse -- Law &; legislation; SOCIAL norms; ASIAN civilization; WESTERN civilization
- Publication
Law & Sexuality: A Review of Lesbian, Gay, Bisexual & Transgender Legal Issues, 2010, Vol 19, p95
- ISSN
1062-0680
- Publication type
Article