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Articles

Vol. 60 No. 1 (2026): Prawo i Więź

Human Rights-Based Approach to Legal Recognition of Same-Sex Relationships in Vietnam

DOI:
https://doi.org/10.36128/9x3dsg88
Submitted
3 December 2025
Published
19-02-2026

Abstract

This paper focuses on analyzing the relationship between human rights and the development of laws regulating cohabitation as spouses between same-sex partners in Vietnam. From a human rights perspective, the right to live together as spouses is a fundamental right recognized in international instruments such as the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights, to which Vietnam is a State Party. However, Vietnam’s current legal system still lacks specific provisions recognizing the cohabitation of same-sex couples as spouses. This legal gap prevents same-sex couples from enjoying certain rights and legitimate benefits afforded to heterosexual couples. Adopting a human rights-based approach, the paper proposes a legal framework suitable for Vietnam to progressively recognize and protect the right of same-sex partners to cohabit as spouses. This mechanism aims to gradually ensure the recognition and protection of such rights, thereby upholding the principles of equality and non-discrimination and promoting harmony between national laws and Vietnam’s international human rights commitments.

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