The retired Head of the Human Rights Commission Justice Emile Short says homosexuals do not have unrestricted rights as far as the exercise of their sexual orientation is concerned.
According to Justice Short, gays and lesbians must not be seen as having comprehensive rights as heterosexuals. His successor, Anna Bossman told Citi FM a couple of weeks ago that the rights of gays and lesbians in expressing and practicing their sexual orientation should be respected once those practices do not impinge on the laws and rights of others in society.
She added that homosexuals must not be condemned on the basis of moral arguments since different people hold different beliefs and preferences in any society. The Criminal code abhors unnatural carnal knowledge such as bestiality and sodomy but makes no explicit mention of homosexuality. Some lawyers ride on sodomy to argue against same sex relationships.
Other lawyers capitalize on the grey area of the code to either argue for the rights of gays to exercise their preferred sexual orientation or sit on the fence.
However, Justice Short speaking on the Citi Breakfast Show on Thursday January 6 said the rights of homosexuals must be separated since gays and lesbianism do not have blanket rights. “In terms of guaranteeing social services to gays and lesbians, there is no doubt that you cannot discriminate or deny them such services”.
“Talking about gays and lesbians getting married, our legislation does not permit it…and I think it is wrong for people to just say that homosexuals and gays have rights generally, they must try and find out what rights we are talking about”.