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Old report on homosexual marriage recirculated as breaking news

Photo Credit: The New York Times 3 mins read

Claim: A viral WhatsApp message claims 47 judges of the World Human Right Court have declared no right to homosexuals.

Findings show that while this report is true, it is stale, thereby making the claim misleading.

Full Text

The argument around the Lesbian, Gay, Bisexual or Transgender (LGBT) rights has been ongoing for a while and there are varying stances on this all over the world. While there is the movement to legalise same sex marriage as a human right, some countries are against this.

Amidst this divide, a viral WhatsApp message claims 47 judges of the World Human Right Court have ruled against homosexuals.

It reads, “47 Judges of World Human Right Court Declares;No Rights To Homosexual…This judgment implies that: States are free to reserve marriage only to heterosexuals.”

The message which came with the call for receivers to broadcast also claims Article 12 of the European Convention on Human Rights supports the claims and is  validated by Article on Human Right Treaties as in the case of 17 of the pact and No 23 of International Covenants on Civil and political Rights.

Screenshot of the WhatsApp claim

Verification

A keyword search shows similar reports on the ruling against same sex marriage (homosexuals) dating back to 2010. 

A report by the British Broadcasting Corporation (BBC) in 2010 noted that the European human rights court rejected the gay marriage bid. The court noted individual countries were in the best position to determine their law on the issue.

Another report by the International Centre for Investigative Reporting (ICIR) in 2017 noted that world court has ruled that homosexual marriage is not a human right. The report added that this decision was reached by 47 judges of the 47 countries of the Council of Europe that makes up the full Court of Strasbourg.

Also, according to this report, the judgment was based on Article 12 of the European Convention on Human Rights and is equivalent to article 23 of the International Covenant on Civil and Political Rights.

What does Article 12 of the European Convention on Human Rights  say?

Section 12 of the European Convention on human rights states that men and women of marriageable age have the right to marry and start a family according to the national laws governing the exercise of this right.

Screenshot of European Convention on Human Rights.

Also, article 23 of the International Covenant on Civil and Political Rights recognizes the family as a natural and fundamental unit of society entitled to protection by society and the State.

Screenshot of Article 23 of the International Covenant on Civil and Political Rights.

Conclusion

Dubawa’s findings show that while this report is true, it is stale or outdated, making the claim misleading.

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