The Namibian constitution and same-sex marriages

Abstract

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The Namibian constitution and same sex marriages.The adoption of the Namibian Constitution on 9 February 1990 presents the new Namibia with some major challenges. The need for knowledge about human rights and how they are acquired and protected is but one of those challenges. This dissertation examines the issue of same-sex marriages, and whether Article 10 of the Constitution can be used to prohibit discrimination on the basis of sexual orientation

The first chapter looks into Namibia's historical background, the Constitution and its problems.The second chapter attempts to answer the question of whether the constitution, by implication, allows discrimination on the bash of sexual orientation. Sexual orientation discrimination is not expressly included in Article 10 of the Constitution as a prohibited ground. The third chapter looks into whether the Constitution can be amended to include sexual orientation as a prohibited ground. The fourth chapter attempts to make a connection between sexual orientation and human rights and how these rights are guaranteed and protected under the Constitution. This chapter also looks at the approach by Namibia's courts to this issue in the Frank case. The fifth chapter looks into Namibia's international treaty obligations, the question of sexual orientation discrimination under international human rights law, especially the position of the International Covenant on Civil and Political Rights and the Optional Protocol (that Namibia has ratified). Furthermore, this chapter gives a comparative analysis on same-sex marriages around the globe and the debates over them. The sixth and final chapter is the conclusion. Under this chapter some recommendations are made on how to ensure that homosexuals have a right to equal protection in Namibia