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- Title
Decriminalizing Homosexuality: The Effects of the Botswana Court Verdict.
- Authors
GUPTA, MILI
- Abstract
In 2019, the High Court of Botswana (HC) decriminalized same-sex partnerships in the case of Letsweletse Motshidiemang v. Attorney General. The HC was of the view that Botswana's sodomy laws, which criminalize certain sexual acts, infringe upon the freedom, privacy and dignity of LGBTQ+ persons, are discriminatory against LGBTQ+ persons, and serve no public interest. The Court of Appeals (CoA), on November, 29, 2021, dismissed the appeal brought by the government to challenge the 2019 verdict of the HC. Consequently, the CoA upheld the 2019 ruling, with a view that human dignity is harmed when minority communities are marginalized. In the judgement on the appeal, the CoA acknowledged the stigma, discrimination, vulnerability, and marginalization suffered by LGBTQ+ people. The CoA devoted a significant portion of its decision to review of the arguments raised by the government and its previous verdict in Kanane v. The State. The Court dramatically broadened the purview of constitutional rights, such as the rights to freedom, privacy, dignity and non-discrimination. The acknowledgment of these rights correctly highlights that judicial intervention is only the first step toward guaranteeing equality.
- Subjects
BOTSWANA; GREAT Britain. High Court of Justice; SODOMY; LGBTQ+ people; VERDICTS; COURTS; APPELLATE courts; HOMOSEXUALITY; DATA privacy
- Publication
Fletcher Forum of World Affairs, 2022, Vol 46, Issue 2, p147
- ISSN
1046-1868
- Publication type
Article