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LGBT rights in Swaziland : ウィキペディア英語版 | LGBT rights in Swaziland
Lesbian, gay, bisexual, and transgender (LGBT) persons in Swaziland face legal challenges not experienced by non-LGBT residents. ==Laws regarding same-sex sexual acts==
According to Section 252(1) of the Constitution of the Kingdom of Swaziland, the principles and rules of Roman-Dutch Common Law that applied to Swaziland since 22 February 1907 (as those principles and rules existed on 6 September 1968, Independence Day) are applied and enforced as the common law of Swaziland.〔(Section 252(1), Constitution of the Kingdom of Swaziland 2005, page 115 )〕 The principal source of this common law in 1907 was the common law as then applied in the Transvaal Colony, which ultimately became a part of South Africa.〔("Update: The Law and Legal Research in Swaziland", authored by Buhle Dube and Alfred Magagula, ''GlobaLex'', published by the Hauser Global Law School Program at the New York University School of Law, June 2012 )〕 Sodomy was a crime under the 1907 common law, punishable with either death or a lesser punishment at the discretion of the court.〔("Before the law: Criminalizing sexual conduct in colonial and post-colonial southern African societies", appearing as an appendix to "More than a Name: State-Sponsored Homophobia and Its Consequences in Southern Africa", authored by Scott Long, Human Rights Watch and The International Gay and Lesbian Human Rights Commission, 2003 )〕 By the mid-twentieth century, "sodomy" in South Africa had been defined by its courts as "unlawful and intentional sexual relations ''per anum'' between two human males."〔 This narrow definition left out a residual group of proscribed "unnatural sexual acts" referred to generally as "an unnatural offence", which included at a minimum those sexual acts between men that did not involve anal penetration〔 and apparently never included sexual acts between women.〔 Whether these developments in South Africa had an effect on Swaziland's common law is uncertain. The International Lesbian, Gay, Trans and Intersex Association claims that Swaziland's definition of "sodomy" is the same as South Africa's and that female same-sex sexual acts are legal, although the sources it cites cannot be verified through the Internet.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「LGBT rights in Swaziland」の詳細全文を読む
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