In conversations about “marriage equality”, we are constantly told that marriage is a human right, and it is. However, rights are not absolute, nor do they exist in isolation. They must be considered in light of other rights.
Key Points:
- The “right to marry” does not exist on its own. It is a right to marry and found a family.
- The United Nations Human Rights Committee has said that the “right to marry” does not include a right for same sex couples to marry.
- Australia has signed UN treaties which say that a child has the right to know and be cared for by his or her parents, and that in all actions concerning children, the best interests of the child shall be a primary consideration.
- This means that in the case of a conflict of rights (even though no “right” to same-sex marriage exists), the rights of the child prevail.
Let’s have a conversation…