A Critical Analysis Of The Prohibition Of Sodomyand Same Sex Marriages In Zimbabwe:

TABLE OF CONTENTS

TOPIC PAGE

Approval Form 1

Declaration 2

Dedication 3

Acknowledgement 4

List of Abbreviations 5

Table of contents 6

CHAPTER ONE

The general outline of the research 9

1.1 Introduction 9

1.2 Background to the study 10

1.3 Statement of the problem 12

1.4 Research Aims and Objectives 13

1.5 Literature Review 13

1.6 Assumptions 15

1.7 Research Methodology 16

1.8 Chapter Synopsis 16

CHAPTER TWO

The arguments for and against the prohibition of sodomy and same sex marriages and the

human rights issues thereon

2.1 Introduction 18

2.2 The rationale for the prohibition of same sex marriages 19

2.3 The rationale for the recognition of same sex marriages 23

2.4 The problems associated with prohibition of same sex relations 25

2.5 Conclusion 27

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CHAPTER THREE

A critical analysis of the prohibition of sodomy and same-sex marriages from a human

rights perspective

3.1 Introduction 28

3.2 The Constitution and Marriage Rights 29

3.2.1 The Marriage Rights Provision 29

3.2.2 A Violation of LGBTI Constitutional Rights to Equality and

Non-discrimination Provision and Dignity? 31

3.2.2.1 The right to Equality and Non-discrimination 31

3.2.3 The right to dignity 34

3.3 An Analysis of Section 73 (1) of the Code 36

3. 4 Majority Rule and Democracy 37

3.5 Conclusion 39

CHAPTER FOUR

An analysis of the Regional and International and Human Rights instruments to which

Zimbabwe is party to

4.1 Introduction 41

4.2 African Charter on Human and Peoples’ Rights 41

4.3 International Covenant on Civil and Political Rights 43

4.4 International Covenant on Economic Social and Cultural Rights 44

4.5 Conclusion 45

CHAPTER FIVE

Conclusion and recommendations

5.1 Introduction 46

5.2 Recommendations 46

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5.2.1 Constitutional amendment 46

5.2.2 Repeal of Section 73 (1) of the Code 47

5.2.3 National policy for the promotion and protection of the

Rights of LGBTI persons 48

5.3 Conclusion 49

BIBLIOGRAPHY 50