2021 is coming to an end. Looking around the year, there seems to be progress in a number of judicial reviews to fight for the rights of same-sex couples. Another "Uncle's Love" has set off an upsurge in the city. A "Rainbow Family" where lesbians apply for joint custody. The case is the first time that a Hong Kong court has issued a ruling on the guardianship of same-sex couples, confirming that the identity of gay parents is recognized by law.
Attorney Cao Qiaoyin in charge of this case has always focused on public interests such as ethnic minorities and LGBT rights.
She is also a gay person. She pointed out that although it seems that every LGBT-related case can win in recent years, since Hong Kong does not have a legal same-sex marriage, the current rights of gay people can only be "salami slicing". Generally fight one by one.
She deeply believes that the most fundamental problem of LGBT and women's equal rights stems from the unequal framework between the sexes, and this is not something that can be solved by "legislation."
Photography: Huang Baoying
Cao Qiaoyin (Evelyn) took the case of a pair of lesbians applying for joint custody last year. This is the first time that a Hong Kong court has issued a ruling on the custody of same-sex couples, confirming that the identity of gay parents is recognized by law.
(Photo by Huang Baoying)
Last year, a Hong Kong judge ruled that a pair of same-sex couples registered overseas can have the same inheritance rights as heterosexual couples. The Attorney General appealed later, but finally agreed in May to revoke the "notification memo"; the court also made the same decision in June this year. A verdict was issued against same-sex couples who were refused to live in a HOS as a spouse, and ruled that the two persons won the judicial review.
In addition, Cao Qiaoyin (Evelyn) took the case of a pair of lesbians applying for joint custody last year. In this case, the judge cited the "child welfare principle" for the first time. Same-sex couples of blood share custody rights, the first case of "Rainbow Family".
Same-sex couples broke up and applied to the court to be the child’s co-guardian.
Cao Qiaoyin is currently a public interest lawyer and partner of He Peizhi Law Firm. In her early years, she studied political science and law at the University of Hong Kong, and then went to Harvard University to study for a master’s degree. After returning to Hong Kong, she Worked in the Department of Justice for nearly eight years.
Last year, under the referral of a friend, she came into contact with this pair of same-sex couples who had not registered a marriage or civil union and had just lived together for 17 years. Applicant AA, as the biological mother of two children, hopes to take care of them together with her partner BB. A child grew up, so he applied to the court for BB to become a joint guardian.
In his early years, Cao Qiaoyin studied political science and law at the University of Hong Kong, and then went to Harvard University for a master's degree. After returning to Hong Kong, he worked in the Department of Justice for nearly eight years. The current case is also focused on public interests such as ethnic minorities and LGBT rights.
(Photo by Huang Baoying)
Judges’ fair practices did not question gender issues
"At least I think the court doesn't think I want to oppose it, or have reservations about same-sex parents." Cao Qiaoyin pointed out that the judge's approach at the time was the same as the case of ordinary heterosexual parents, only from the perspective of the family and the children. I particularly questioned the gender issue. "The importance of this is the case, and the court will not accept it easily because you are a same-sex parent." The case is a reference for existing same-sex families. By case” each family makes an application again. The “Rainbow Family” still has unresolved problems. “AABB’s family has existed for many years, and the court saw that both of them are “mothers”... But if If the artificial insemination gave birth to children, can the court admit that the partner is the "parent"?"
These are not the only big problems.
In December last year, comrade Henry's partner Wu Hanlin (Edgar) committed suicide. However, because the government did not recognize Li Yihao's spouse status, he could hardly participate in arranging the death of her husband.
In the end, Li Yihao was reconciled by the government after judicial review. "It is true that every LGBT case wins." Cao Qiaoyin explained that cases in recent years have been based on a "discrimination" perspective, but unlike foreign countries, same-sex marriage is not available in Hong Kong. Legal status, "It's like putting the cart before the horse (putting the cart before the horse)). It depends on different branches to deal with rights and benefits."
The "Rainbow Family" case is a reference for existing same-sex families, but there are still many unsolved problems.
(Photo by Huang Baoying)
Same-sex couples need to face the problem of not being able to divorce when they get married in a foreign country
Same-sex couples will choose to marry in a foreign country, and they will face the problem of not being able to divorce. "Go back to a foreign country where gay marriage is accepted and ask for divorce. There may be proof.” Cao Qiaoyin pointed out that there are friends around him who are “not divorced,” and some people are unable to “organize a family” because the law does not allow them to give birth to children through artificial insemination.
And even if the judicial review wins, the struggle behind it will not be easy.
"As long as it is LGBT, there is a risk that the court will ask the Attorney General to give an opinion." This will easily take several years, testing endurance, and financial resources, and the government will cost more than a hundred at every turn. Wan, the average middle-class family can’t afford it. "So many people will feel that I can continue to live. There are so many things to do...Unless it’s true that there is a problem, many people will feel that stay as i am, take a lot of time to do wasteful things."
(Rights must be striving for item by item) It is cover, but I think it seems that everyone is waiting, there will be a time when it will be more confident (more confident) and accepted by the society, and at the same time, everyone will continue to fight for it. The same sigh.
Lawyer Cao Qiaoyin (Evelyn)
The Legislative Council voted nearly half against the same
"Uncle’s Love" (the boom) may be because everyone likes two MIRROR boys. You accept two of them because they are pretty boys, but they are like seeing two boys who are not pretty on the street. Everyone accepts it?" Speaking of social climate, Cao Qiaoyin believes that Hong Kong still does not have a strong voice to push for legislation. For example, in the Legislative Council's earlier vote, nearly half of those who responded were opposed.
Compared with LGBT rights, she believes that women’s equal rights issues need to be discussed more. “In fact, all issues are based on the gender framework, and the injustice towards homosexuals is due to the stereotypes of the society on both sexes.”
Cao Qiaoyin believes that in October this year, a man suspected of raping a lesbian with TB in the lesbian dating app "Butterfly" also saw a lot of prejudice against women. "Even if there are 20 women speaking out. Male bosses are sexually harassed. As long as a male boss is lazy and serious, everyone starts to criticize women. How do you understand the prejudice of the society towards women, so you are convinced of men?” She pointed out that the injustice of both sexes has been from ancient times to the present. Yes, even if some "advanced countries" solve the LGBT problem, there are still a lot of "metoo" incidents. "It may not be as big as rape, but there are so many minor problems. In fact, everyone I shouldn't accept it."
Compared with LGBT rights, she believes that the issue of women's equal rights needs more discussion.
(Photo by Huang Baoying)
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Review of 2021 events | From straight treatment to "Uncle's Love" Pastor hopes the mainstream will be able to publicly support the review of 2021 events | 28 wild boars were culled within a month The group urged the public to reflect: expulsion is love Unresolved issues. Trade union: Using big data to review the major events of 2021 employees | Jieshi carried more than a century of history, a private group that climbed mountains and waded to verify the treasure. The Attorney General agrees to withdraw from its estate litigation
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