Lesbian, Gay, Transexual and Bisexual (LGTB) Rights

2021

Lesbian, gay, bisexual, and transgender behavior, or commonly known as LGBT, is a social phenomenon that is highlighted by many people at national and international levels. The problem is if the Indonesian people do not reach the same agreement on the position of LGBT people in this country for human rights reasons (HAM). Human rights are essentially aimed at developing conditions conducive to the implementation of human rights under Pancasila, the 1945 Constitution and the United Nations Charter on Human Rights. The purpose of this study is to provide answers and describe how LGBT behavior is troubling for the Indonesian people and the international community in general. In addition, it will also be examined how national human rights and international human rights regarding LGBT behavior are reviewed. The method used in this study is sociological legal research, in which law is viewed as an empirical social phenomenon, using primary data from interviews with MUI, ICMI and Komnas HA...

Contemporary Politics, 2009

This introduction provides a brief overview of key political developments in global lesbian, gay, bisexual and transgender (LGBT) organizing and advocacy over the past three decades as well as a summary of recent academic research and debates on these issues in politics, sociology and other disciplines. It introduces the three questions addressed by the volume's subsequent contributions: (1) How can recent global developments related to LGBT human rights advocacy and organizing be explained by political and sociological theories? (2) What is at stake in focusing on 'human rights' rather than concepts such as 'equality', 'justice', 'liberation', 'self-determination' and/or 'queer politics'? (3) How do transnational human rights networks and global norms of LGBT rights affect domestic politics in both the global North and global South? The article pays particular attention to the 'human rights turn' of the LGBT movements in the early 1990s and the political successes and failures that have ensued. Finally, it summarizes the main findings of the volume's contributions and how they relate to the questions raised in this introduction.

Book Chapter , 2020

The Universal Declaration of Human Rights (UDHR) adopted by the UN General Assembly in 1948 did not explicitly mention the rights of the lesbian, gay, bisexual, and transgender (LGBT) people. After decades of neglect, relevant progress has been made due to an effective global LGBT advocacy. In 2011, the United Nations Human Rights Council (UNHCR) adopted for the first time a resolution on human rights, sexual orientation, and gender identity; in 2013, the campaign ‘Free and Equal’ was launched by the High Commissioner of Human Rights; and, in 2016, an Independent Expert (IE) was appointed. This article reviews some key aspects behind the process that extended the principles of equality and non-discrimination enshrined in the UDHR to ensure that people may not be discriminated against in the enjoyment of their fundamental rights on the basis of their sexual orientation or gender identity, and in its conclusion presents the current challenges that global LGBT activism faces.

ILGA-Europe Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe

Health and Human Rights, 2006

he interdependent relationship between health and human rights is well recognized. Human rights are indivisible and inalienable rights due to all people. Articles 1, 2, 3, 5, 6, 7, and 16 of the Universal Declaration of Human Rights (UDHR) address, respectively, the rights to equality; freedom from discrimination; life, liberty, and personal security; freedom from torture and degrading treatment; recognition as a person before the law; equality before the law; and the rights to marry and have a family.' Some people, specifically lesbian, gay, bisexual, and transgender (LGBT) individuals, are in many places and circumstances denied their claim to the full set of human rights. This puts LGBT people in many countries at risk for discrimination, abuse, poor health, and deaththe ultimate human rights violation. Denial of the recognition of human rights for any group of individuals is a denial of their humanity, which has a profound impact on health. For LGBT people, it may result in discrimination in housing and jobs (affecting the ability to purchase food, shelter, and health care); lack of benefits (affecting the ability to pay for health care and financial security); harassment and stress (affecting mental health and/or prompting substance abuse, smoking, overeating, or suicide);

Nordic Journal of Human Rights, 2015

The articles presented in this Special Issue on Human Rights, Sexual Orientation, and Gender Identity are developed from papers presented at the international conference Sexual Freedom, Equality and the Right to Gender Identity as a Site of Legal and Political Struggles held in Oslo in December 2014. 1 LGBTI persons, unlike people who are discriminated against on grounds like sex and gender, race and ethnicity, or disability, lack a particular international convention which obliges states to ensure that their right to equality and non-discrimination is respected, protected, and fulfilled. An overall aim of the Oslo conference was to discuss recent developments in the field of human rights protection on the right to sexual orientation and gender identity without discrimination. This Special Issue marks the 10th anniversary of the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity. The Principles were drafted by a group of high level international experts in Yogyakarta in Indonesia in 2006 to fill the existing human rights gap. This declaration, which today constitutes an authoritative interpretation of general human rights principles, has been characterised as one of the most influential human rights documents of our time. It is against this background that this Special Issue seeks to situate the Yogyakarta Principles in a broader international and national legal landscape. A key question is how international, regional, and national law have responded to the wide range of human rights violations addressed by the Yogyakarta Principles. As regards law's growing recognition of the existing multiplicity of sexualities and gender identities a central query is whether, how, and to what extent the status quo of gender duality is reproduced. As pointed out by Michael O' Flaherty in his article 'The Yogyakarta Principles at Ten', the drafters, through the Principles' definition, sought to avoid 'sexual orientation' and 'gender identity' as rigid binary categorisations. This effort, as O'Flaherty's article shows, has made its mark on the jurisprudence of a wide range of human rights treaty bodies, ranging from the Human Rights Committee, Council of Europe, the Court of Justice of the European Union, and the European Court of Human Rights, to domestic courts. The Yogyakarta Principles have, in many countries, along with other legal and political factors, led to a right to be assigned a legal gender in consonance with one's identity. Countries such as Denmark, Germany, New Zealand, Malta, India, and Nepal recognise a third gender. These Principles have, however, not been strong enough to extend the human right to marry and found a family to same-sex couples. Yet, many states like

United Nations Treaty Bodies’ jurisprudence on sexual orientation, gender identity, gender expression and sex characteristics: Policy Paper, 2019

This Policy Paper is a part of ILGA World’s Treaty Bodies’ Strategic Litigation toolkit. It provides information about the concept, aims and components of strategic litigation in general and on the human rights of LGBTI people specifically. It also contains basic information about Treaty Bodies and their working methods, as well as procedural aspects of bringing individual complaints to the Committees. It presents the analysis of existing Treaty Bodies’ jurisprudence on SOGIESC issues and pending cases, and identifies gaps and opportunities for future developments. Further, it includes six regional-specific sections with background information on LGBTI strategic litigation before Treaty Bodies, as well as evidence, recommendations and thoughts on the topic from activists, lawyers and experts working in the regions. Finally, it contains tables with brief information about Treaty Bodies’ jurisprudence, pending cases and useful resources and contacts. We hope that this publication, as well as the full toolkit, will help LGBTI advocates in different parts of the world to use litigation strategies more effectively and creatively to bring positive changes to their communities.

The politics of sexuality in Latin America: a reader on …, 2010

Millennium, 2018

Three recent books are discussed which offer queer analyses of attempts to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) people from violence and discrimination using the international human rights regime. A common theme is the way in which equal rights are invoked and institutionalised to address prejudice, discrimination and violence. The take, however, is critical: while it may be a remarkable turn of events that the United Nations (UN) and similar institutions have become LGBTI advocates, such Damascene conversions generate their own dilemmas and rarely resolve structural and conceptual paradoxes. This article foregrounds the curiosity of queer scholars engaged with the application of human rights to matters of sexuality and gender, observes how they articulate the paradoxes and dissatisfactions that are produced in this normatively and politically charged field, and draws out the limitations and complexities of rights politics in combating systemic exclusion. Résumé La discussion porte sur trois ouvrages récents, qui utilisent la théorie queer pour analyser des tentatives de protection de membres de la communauté LGBTI contre la violence et la discrimination par le biais du régime international des droits humains. Un thème commun est la manière dont l'égalité des droits est convoquée et institutionnalisée afin de répondre au préjudice, à la discrimination et à la violence. Ce point de vue est toutefois crucial: les Nations Unies et d'autres institutions similaires, il est vrai, ont changé la donne de manière remarquable en devenant porte-paroles des groupes LGBTI, mais les conversions si éclatantes génèrent souvent leurs propres dilemmes, et manquent généralement de résoudre les paradoxes structurels et