Criminological evaluation of gay rights under the Zambian Criminal Justice System: A comparative human rights view
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This dissertation focuses on the topical issue of gay rights and homosexuality in Zambia. Homosexuality in Zambia is penalized under Sections 155 and 158 of the Penal Code and this dissertation gives different views that have been given for the criminalization. The First Chapter gives a brief analysis of the presence of homophobia in Zambia. The Chapter also outlines the social aspect and purpose of criminalization in society. The dissertation in Chapter Two analyzes the various reasons given for criminalization so as to test the justification and rationale for the existing structure and to suggest reform where necessary. This Chapter also gives an analysis of the reasons given for continued criminalization of homosexuality under the Zambian criminal justice system which include: religious views, morality, unnaturalness and the assumption that homosexuality is alien to African culture. The purpose of the research was to ascertain whether any of the reasons given for the criminalization of homosexuality are actually justifiable in a modern democratic society such as Zambia, especially in light of possible scientific evidence of persons who may actually have no choice over their sexual orientation. The dissertation also seeks to ascertain the constitutionality of the penal provisions that criminalize homosexuality. The third Chapter outlines the international position on homosexuality from various international law instruments and Committees some of which have been ratified by Zambia. The research employed the socio-legal methodology so as to analyze the law in its socio context and also offer a comparative view. The results of the Research clearly indicate that there is no justifiable reason for criminalization of homosexuality in so far as satisfying the common principles and purpose of criminalization is concerned. The research also brings into question the constitutionality of the penal provisions on homosexuality and actually recommends the repeal of the said provisions in the final Chapter.
- Law