scholarly journals Protecting the rights of LGBTIQ people around the world: Beyond marriage equality and the decriminalisation of homosexuality

2021 ◽  
pp. 1037969X2098665
Author(s):  
Paula Gerber ◽  
Senthorun Raj ◽  
Cai Wilkinson ◽  
Anthony Langlois

Discussions about the human rights of LGBTIQ people tend to centre around two vastly different issues, namely, marriage equality and the criminalisation of same-sex sexual conduct. However, looking only at these two high-profile issues ignores the many pressing concerns facing LGBTIQ people around the world. This article identifies and analyses eight other human rights issues that urgently need addressing, in order to respect the rights of LGBTIQ people across the globe.

Author(s):  
Adam M. Messinger ◽  
Xavier L. Guadalupe-Diaz

Despite the alarming prevalence and consequences of intimate partner violence among transgender people (T-IPV), research, public policy, and service provision remains largely focused on cisgender IPV (C-IPV). Creating tailored societal responses for transgender survivors and abusers entails recognizing not only the similarities but particularly the differences between C-IPV and T-IPV. Research highlights numerous ways in which societal discrimination against transgender people uniquely shapes the causes, abusive tactics, and barriers to escape regarding T-IPV. In this sense, better understanding and addressing T-IPV necessitates acknowledging the extent of anti-transgender discrimination. This opening chapter introduces readers to the pressing issue of T-IPV by defining core terminology, reviewing prevalence estimates and outcomes, detailing the extent of interpersonal transphobia in the world and the dearth of transgender human rights protections, and discussing the many ways in which such discrimination fuels T-IPV. The chapter concludes with an overview of the book.


Author(s):  
M. Joel Voss

The human rights of LGBTI persons are being contested across the world—both within states and across regions. Despite decades of incremental change, in many states, LGBTI activists are beginning to rapidly advance their normative agendas, particularly in the context of protection against violence and discrimination. However, consistent backlash and opposition to LGBTI advocacy remains. Notwithstanding decades of silence on LGBTI rights, international institutions are also beginning to rapidly include sexual orientation and gender identity in their work as well. Institutions that consist primarily of independent experts and that focus on narrower human rights issues have been especially active in including sexual orientation and gender identity in their work, either formally or informally. At the same time, largely political institutions have generally lagged behind their counterparts. Scholarship on both sexual orientation and gender identity (SOGI) advocacy and contestation have also lagged behind political and legal developments at international institutions. Although a few works exist, particularly on the UN Human Rights Council, there are numerous other institutions that have been understudied. Further, research on the implementation of international SOGI policies has also been largely absent. SOGI advocacy and contestation continues across nearly every major international institution. Research agendas, either qualitative or quantitative are sorely needed to help better predict and explain the advancement or retreat of SOGI in international institutions and within domestic contexts.


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 360-364
Author(s):  
Rene Urueña

Christian Evangelicals are a growing political force in Latin America. Most recently, they have engaged the Inter-American Court of Human Rights to challenge basic LGBTI achievements, such as same-sex marriage and other demands for equal rights. Several commentators thus speak of an imminent showdown between human rights protections and Christian Evangelism in the region, which would mirror similar conflicts elsewhere in the world. This essay challenges this narrative and warns against a top-down “secular fundamentalism,” which may alienate a significant part of the region's population and create deep resentment against the Court. As it turns forty, the Court faces a “spiritual” crisis: conservative religious movements have become one of its key interlocutors, with demands and expectations that compete with (but could also complement) those of other regional social movements. Difficult as it may be, the Court needs to be bold in creating argumentative spaces that allow for the Evangelical experience to exist in the public sphere in Latin America, in a context of respect for human rights in general, and for LGBTI rights in particular.


2020 ◽  
Vol 36 (2) ◽  
pp. 1-5
Author(s):  
Michael Kirby

This is the keynote address for the Bold Thinking Series event at the National Gallery of Victoria (NGV) Great Hall on 4 May 2017. The language of the oral delivery of this address has been retained. Amidst a rich historical context, the author explores the legal and moral complexities that lie at the intersection of law, sexuality and health. Drawing on his long-standing participation in many international bodies concerned with human rights, he discusses the many great wrongs perpetrated against LGTBQI communities both internationally and domestically, and highlights the challenges that countries around the world face to remove discrimination in laws, policies and culture. He emphasises by way of case examples, the physical, emotional and political harm that this has caused and will continue to cause if legislative and cultural change is not forthcoming. He concludes that equality before the law is a basic tenet of human rights, and that to the extent that Australia and other countries are not achieving equality, we must rise to the challenge and drive genuine change.  


Author(s):  
Pallavi Thakur ◽  

Khaled Hosseini’s The Kite Runner is a powerful narrative on ‘Bacha Bazi’, “same-sex pedophilia restricted to adult men and adolescent boys” (Powell, 2018, p.1), prevalent in Afghanistan. When marginalisation of Afghan women became the nucleus of major studies , especially during the Taliban regime in Afghanistan, Hosseini unveiled in The Kite Runner, the gruesome Afghan culture of ‘Bacha Bazi’ that disintegrates a boy’s social and sexual identity. ‘Bacha Bazi’ is not consensual rather coercion hence is equivalent to rape and reflects the grotesque violation of Afghan male children’s human rights. While the world viewed Afghanistan as a land of incessant wars, tribal conflicts, violence and female exploitation, Khaled Hosseini’s The Kite Runner provided a startling insight into ‘Bacha Bazi’ and its implications on Afghan boys. The novel reveals the socio-culture domain of Afghanistan and ethnic rivalry playing an instrumental role in the existence of Bacha Bazi. In the light of the above discussions, the present paper examines the deleterious effects of Bacha Bazi on Afghan male children. It elucidates the psychological trauma of adolescent Afghan boys that evolves out of the sexual abuse and new androgynous identity imposed on them.


2007 ◽  
Vol 12 (1) ◽  
pp. 41
Author(s):  
Jenny Schultz ◽  
Rachel Ball

<p>Can the World Trade Organisation become a body for addressing human rights issues? As an international body the the WTO is growing in stature. However moves to encompass human rights concerns are unlikely to go unchallenged by developing nations, and the WTO’s internal rules add another layer of complexity. Trade sanctions can be a blunt weapon in human rights campaigns.</p>


Author(s):  
Julie Hollar

This chapter analyzes the expansion of same-sex marriage around the world, its causes and its consequences. It argues that the domestic and transnational factors shaping a country’s adoption of same-sex marriage depend crucially on both time and place, encompassing the domestic and the transnational. It further suggests that the effects of same-sex marriage are likewise context-dependent, in most cases producing mixed results for LGBTQ people and movements. Incorporating cases outside of western Europe and the United States, this study urges a broader lens and a new focus on the short-term and long-term political effects of pursuing marriage equality.


2022 ◽  
pp. 69-88
Author(s):  
Augustine Edobor Arimoro

To the Nigerian state, consensual sexual activity among persons of the same sex is against the order of nature and must be punished as a crime. On the other hand, to persons who engage in sexual activity with persons of the same gender and to rights' activists, the act is a right, like any other, which should be respected and protected. This chapter examines the cultural issues, the human rights angle, and the future of the criminalization of same-sex sexual conduct conundrum in Nigeria. Using the doctrinal method of legal research methodology, the chapter reviews laws criminalizing homosexuality in Nigeria in juxtaposition with human rights provisions both in the international and domestic context in search of a solution to the problem. Accordingly, it is recommended that while the law should protect cultural values, human rights are sacrosanct and must not be sacrificed.


2016 ◽  
Vol 5 (1) ◽  
pp. 146-182
Author(s):  
Henrik Andersen

The World Trade Organization is no longer just seen through intergovernmental lenses. Rule of law is part of the vocabulary of the wto and is developed by the Appellate Body. However, the concept of rule of law is a hazy concept, laden with normative challenges with an Eurocentric base in a globalized world. This article addresses how China approaches rule of law at the wto level. Rule of law in a Chinese context has specific Chinese traits and the question is how it corresponds with wto rule of law. The article claims that China recognizes rule of law at wto level and accepts the methodological approach by the Appellate Body. However, a wto rule of law has not been challenged with human rights issues and it needs further refinement. So far it has served Chinese interests which might be a reason behind the Chinese approach.


2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Sapiudin Sapiudin

In liberal studies, Sharia and human rights are two issues that are often opposed to distort the role of sharia in solving human right cases. In his writings on sharia and human rights issues, Abdullahi Ahmed an-Naim often applies rational rules as the source of truth and human values as a goal, but he excludes the role of Islamic law and its interpretation. Naim states that the human right problems in the world can not be solved by the sharia but can only be solved by secular laws. For example, the practice of slavery and discrimination against women and non-Muslims ethnic is a subjective conclusion that is counter productive to the role of sharia. Therefore, this conclusion is unacceptable and is necessary to have objective assessment. It is really clear that sharia is glorious and never distorts human rights at all.DOI: 10.15408/ajis.v16i1.2893


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