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dc.contributor.authorOtieno, Gregory Junior
dc.date.accessioned2021-02-04T09:11:11Z
dc.date.available2021-02-04T09:11:11Z
dc.date.issued2019
dc.identifier.urihttp://hdl.handle.net/11071/9568
dc.descriptionSubmitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractConcerns have been raised about the compatibility of religious laws and practices with norms guaranteeing the rights of same-sex couples. Given that some religious teachings declare that same-sex sexual conduct is immoral, and some religions condemn not only same-sex sexual activity but also LGBT individuals, conflicts between the right to freedom from discrimination and the right to manifest one's religion are inevitable. This study considers how conflicts between both rights should be addressed in law. It is particularly concerned with whether religious individuals should be allowed to discriminate in the secular marketplace. It starts from the basis that both these rights are valuable and worthy of protection and contends that a proportionality analysis provides the best method for resolving these conflicts. In particular, it argues that proportionality is a conciliatory method of reasoning because it provides a context-dependent and nuanced answer to these issues, providing scope for re-assessment in future cases. It is also argued that proportionality is advantageous because it inherently demands justification where rights are infringed. The analysis in this study draws primarily upon the recognised sources of Law in Kenya, namely the domestic law of Kenya and the general rules of International law. The study also takes a comparative approach, examining the law in Canada to demonstrate the clash of rights and to compare how these issues have been dealt with by Canadian courts and legislatures.en_US
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.subjectRight to discriminateen_US
dc.subjectHomosexualsen_US
dc.subjectArticle 32en_US
dc.titleHeaven forbid: interrogating the right to discriminate against homosexuals under Article 32 of the constitutionen_US
dc.typeLearning Objecten_US


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