Sexual and Gender Diversity in International Human Rights Law and Its Originatory Milieux

2018 ◽  
pp. 165-175
Author(s):  
Dhruba Yonzon

Where the expression of sexual orientation and gender identities is one of the fundamental human rights of an individual, there many people still face threat to their liberty and to their lives. Culture and religion play a vital role in establishing such detrimental ideologies; where, despite the understanding that every human being is born equal in freedom and in dignity, millions of queer people are deprived of their right, therefore being discriminated and at worst being persecuted with a simple reasoning that homosexuality is “unnatural” and is a “sin”. This paper will analyze the response of several nations in the Universal Periodic Review regarding their discriminatory law against the LGBT+ (it denotes – Lesbian, Gay, Bisexual, Transgender including other member of the queer community, hereafter "LGBT+") individual. Further, the paper will establish how media and literature have misled to the general public reinforcing ideas that being anything other than “straight” or “cis-gendered” is not “normal” and could be never, which allows States to opt for these inhumane treatments against the LBGT+ people without any recourse. At the end, the paper puts forth approaches to properly implement international human rights law in protection of LGBT+ individuals in law and in daily life.


2009 ◽  
Vol 17 (3) ◽  
pp. 345-376 ◽  
Author(s):  
Nura Taefi

AbstractThis paper uses intersectional feminist theory to examine girls' unique positioning at the margins of age and gender. Using a wide range of examples, I consider that girls are marginalised within the category of children as female and within the category of women as children. These intersectional marginalisations reinforce one another and result in a further denial of girls' rights. A study of international human rights law demonstrates that fragmenting girls' identity into the categories of "women" and "children" causes girls to be overlooked in favour of those who are more visible. I suggest that the discourses of women's rights and children's rights must work together to establish an integrated approach to girls' rights. I propose that the appointment of a United Nations Special Rapporteur for the Girl-Child can bring this to effect in international human rights law.


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