Do you have to get married under a roof in South Africa?

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Johannesburg, Apr 27 (EFE) – South Africa celebrates this Saturday the 25th anniversary of its first democratic elections, in which Nelson Mandela’s victory definitively banished the racial segregation of “apartheid” and served to found a “new country”, recalled today the president, Cyril Ramaphosa.

“Each one of us has imprinted in our memory what they were doing on April 27 (1994), when we won our freedom, the euphoria of seeing 20 million South Africans of all races waiting patiently at polling stations across the country to vote,” he continued.

He paid tribute to the heroes of the anti-apartheid struggle, from Robert Sobukwe and Albertina Sisulu to Mandela himself, and recalled that it was through their sacrifices that South Africans won their freedom.

“Under colonial and apartheid rule black South Africans were reduced to servitude in the land of their birth, in the land of their ancestors (…) The great tragedy of apartheid is the great division it inflicted among us,” the South African president stressed.

Nigeria

Sanele’s mother, Patience Masilela, said, “This is the first time this has happened in the family. In this way we have made our ancestor happy. If we had not done what I had asked my son to do then something bad would have happened in the family.”

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I must reiterate what I stated in this newspaper in issue 228 of July 2007. Same-sex marriage is one of the hottest topics of our time. The Constitution establishes that the family is constituted by the free decision of a man and a woman to enter into marriage. The Pact of San José of Costa Rica and the Covenant on Civil and Political Rights recognize the right of men and women to marry and to found a family.

Manuel Castells, in his judicious work The Information Age, refers to the crisis of patriarchy, the emergence of new sexual identities, childless couples, the diversification of family forms, separation as an escape from commitment, contraceptives, in vitro fertilization and the emergence of the “gay” family.

Regarding adoption by same-sex couples, the Constitutional Court, in judgments C-071 and C-683 of 2015, said, in the first one, that same-sex couples are included when the adoption request falls on the biological child of one of them; in the second one, it held that, by virtue of the best interest of the minor, same-sex couples that form a family are also included.

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Limited or partial recognitionArmenia7 – Bulgaria8 – Cambodia: 68 communes – China9 – Slovakia8 – India:10 Chandigarh, Gujarat, Haryana, Odisha, Punjab, Uttarakhand – Israel6 – Japan11 – Latvia8 – Lithuania8 – Nepal12 – Netherlands:2 Curaçao, Sint Maarten – Poland8

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8. The Coman v Romania judgment of the Court of Justice of the European Union obliges member states to grant residence rights to foreign spouses of EU citizens.

The Uruguayan Constitution, in reference to the family, states in Article 40: “The family is the basis of our society. The State shall watch over its moral and material stability, for the best formation of children within society.”.

Uruguay is bound by the rulings of the Inter-American Court of Human Rights as it is a signatory country of the Pact of San José de Costa Rica. On January 9, 2018, the Court issued an advisory opinion requesting approval of same-sex marriages. At the time of the issuance of the opinion Uruguay had already approved the Equal Marriage law. The court states that:

Do you have to get married under a roof in South Africa?
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