Responses to Civil Partnership:A framework for the legal recognition ...

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Elderly same-sex couples3.13 It was stated that in 10 years time there will be more lesbian and gay peopleaged over 60 than lesbian and gay people aged under 26, and that this raisedissues regarding the appropriate treatment of civil partners in nursing homesand those civil partners who might need domiciliary care. Some peopleexpressed concern that proper consideration should be given to the needs ofthose elderly same-sex couples who register their partnerships and thesubsequent recognition and respect of their partnerships in the context ofproviding and receiving care.“Some of the responsibilities of registered partners have serious anddisadvantageous implications, particularly in older age.”The national minimum standards for care homes require that residentsare treated with respect and dignity and their right to privacy is upheld;that the lifestyle experienced in the home satisfies their social, cultural,religious and recreational interests and needs.The proposals for civil partners balance the responsibilities of caring forand maintaining a partner with a package of rights – for example, in thearea of inheritance.20
European Community Law3.14 It was asked if the Government was proposing a civil partnership registrationscheme so as to avoid breaching EC employment laws banning discriminationagainst people on the grounds of sexual orientation.“What is the EU law on same-sex marriage/partnerships? Aren’t the UKbound to eventually adopt EU rulings?”The Government is proposing the creation of a new legal status of civilpartnership for reasons of general equality and social justice. It willmake a real difference to the lives of same-sex partners by providinglegal recognition of their relationship. There is no EU law that requiresmember states to create a legal status for same-sex couples.The requirements of EC employment law to prohibit discrimination ongrounds of sexual orientation are a separate issue and the requirementshave been fully implemented by the Government. New employmentequality regulations coming into force on 1 December 2003 prohibitdiscrimination in the workplace on the grounds of sexual orientation forthe first time. This is a big step forward.21
Page 4: Table of contentsForeword by Jacqui
Page 9 and 10: 2. Analysis of your responses83% of
Page 11 and 12: 2.9 Of those representing the Publi
Page 13 and 14: 3. Emerging Themes3.1 Throughout th
Page 15 and 16: Why exclude opposite-sex couples?3.
Page 18 and 19: Tax3.8 A large number of people rai
Page 22: 4. Your responses to our questions4
Page 26: Do you wish to comment on the possi
Page 29: Are there any other rights and resp
Page 32 and 33: 5. Your Questions5.1 We asked for c
Page 34 and 35: The Registration ProcessQ. How will
Page 36: The Dissolution ProcessQ. Why not o
Page 39 and 40: Hospital Visiting and Medical Treat
Page 41 and 42: Many married couples do not have ch
Page 43 and 44: Comments or ComplaintsIf you wish t

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