Gay Rights are Human Rights: Challenges for international LGBT rights
Research Question
What are the key international policy positions in regards to the internationalization of LGBT rights?
Background
Gay rights are human rights. Should the sentence end with an exclamation mark or a question mark? In Canada, LGBT rights have advanced significantly since 1969 when then-Justice Minister and Attorney General of Canada, Pierre Trudeau famously commented, "There's no place for the state in the bedrooms of the nation."
Section 15 of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. The term “sexual orientation” is not explicitly written into the Charter, but in 1995, the Supreme Court of Canada ruled that "sexual orientation" should be 'read in' to Section 15.
However, the Canadian approach to LGBT rights is far from universal. Legal, political and social norms vary greatly around the world. A number of countries in the European Union, for example, have been leaders in including sexuality in human rights legislation. However, there are currently only seven countries (including Canada) that allow same sex marriage (Ottoson, 2010). Furthermore, the United States, to date, has refused to enter into discourse or ratify any treaties regarding sexual rights (Blau et al, n.d.). The United States international position is reflected in its domestic stance as seen in the Republican win over the Democrats in Congress’ contentious vote on September 22, 2010 to retain the ”Don’t Ask, Don’t Tell” domestic military policy (Murray, 2010).
In many countries homosexuality remains illegal and carries a harsh penalty of over 10 years in prison: Kenya, Burma, Malaysia, Barbados, Uganda (list not exhaustive). In other countries the penalty is death: Iran, U.A.E., Saudi Arabia, Sudan (list not exhaustive). Creating an international framework for the protection of LGBT rights is going to be extremely difficult when some countries continue to execute people for the “crime” of homosexuality. It is important to examine these policies and consider how they impact efforts to internationalize LGBT rights. It will also be important to examine the role religion plays in policy and attitudes towards homosexuality. The majority of the countries that execute people for being gay are Islamic countries governed by Sharia Law
The U.N. has been divided by the proposed U.N. declaration on sexual orientation and gender identity. The declaration, presented to the General Assembly on Dec. 18, 2008, condemned violence, harassment, discrimination, exclusion, stigmatization, and prejudice based on sexual orientation and gender identity. The proposed declaration prompted an Arab League-backed statement opposing it. Both statements remain open. 67 member nations have signed in support and 57 have co-sponsored the opposing statement.
A detailed exploration of the policy positions of the European Union, United States and Canada (all signatories in support), as well as the countries leading the fight against gay rights: Iran, Uganda, Saudi Arabia is needed. Institutions including the U.N., European Court of Justice, European Court of Human Rights, and NGOs such as the International Lesbian, Gay, Trans and Intersex Association (ILGA) and International Gay and Lesbian Human Rights Commission (ILGHRC), which has just gained consultative status in the U.N., will also be investigated.
Objectives
This paper will be a compliment to Frank Halderman’s paper, which will focus on the development of LGBT Rights in Canada, and Canada’s role in furthering international gay rights. Both papers are intended to be the foundation for a joint submission to the U.N.
The purpose of this paper is to investigate the policy positions of states, international institutions and NGOs regarding LGBT rights both domestically and internationally. We need a clear understanding of the current conditions in which the debates around the internationalization of LGBT rights are taking place. This will enable us to paint a clear picture of the background and policy positions of individual actors and draft a more effective and powerful submission to the U.N.
Online Resources
International Gay and Lesbian Rights Commission
HYPERLINK "http://www.iglhrc.org" http://www.iglhrc.org
Canadian Lesbian and Gay Archives
HYPERLINK "http://clga.ca/index.shtml" http://clga.ca/index.shtml
UN Economic and Social Council:
HYPERLINK "http://www.un.org/News/Press/docs/2010/ecosoc6445.doc.htm" http://www.un.org/News/Press/docs/2010/ecosoc6445.doc.htm
Human Rights Watch:
HYPERLINK "http://www.hrw.org/en/category/topic/lgbt-rights" http://www.hrw.org/en/category/topic/lgbt-rights
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity
HYPERLINK "http://www.yogyakartaprinciples.org/" http://www.yogyakartaprinciples.org/
HYPERLINK "http://en.wikipedia.org/wiki/LGBT_rights_by_country_or_territory" http://en.wikipedia.org/wiki/LGBT_rights_by_country_or_territory
U.N. Brazilian Resolution: HYPERLINK "http://ilga.org/ilga/en/article/406" http://ilga.org/ilga/en/article/406
Bibliography
Amnesty International (2008). "United Nations: General assembly to address sexual orientation and gender identity - Statement affirms promise of Universal Declaration of Human Rights". Press release. HYPERLINK "http://www.amnestyusa.org/document.php" http://www.amnestyusa.org/document.php
Hollander, M. (2009) “Gay Rights in Uganda: Seeking to Overturn Uganda's Anti-Sodomy Laws,” Virginia Journal of International Law, Vol. 50 Issue 1, p219-266
Hunt, Paul. (2004). Report of the Special Rapporteur on the Right to Health. United
Nations Office of the High Commissioner for Human Rights. UN
Doc. E/CN.4/2004/49. www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/
E.CN.4.2004.49.En. HYPERLINK "http://projects.essex.ac.uk/ehrr/V2N1/Hunt.pdf"http://projects.essex.ac.uk/ehrr/V2N1/Hunt.pdf
Kochenov, D. (2007) “Gay Rights In The EU: A Long Way Forward For The Union of 27,” Croatian Yearbook of European Law and Policy, vol. 3, pp. 469-490.
Kolman, Kelly, and Matthew Waites. (2009). “The Global Politics of LGBT Human
Rights.” Contemporary Politics 15, no. 1.
Miller, Alice M. (2009). Sexuality and Human Rights, Discussion Paper. International Council on Human Rights Policy. Accessed on September 26, 2010 from HYPERLINK "http://www.ichrp.org/files/reports/47/137_web.pdf" http://www.ichrp.org/files/reports/47/137_web.pdf
Murray, Patricia. (2010). “Military’s Don’t Ask, Don’t Tell Policy Blocked in Senate”. The Capitalist. Accessed on September 28, 2010 from HYPERLINK "http://www.politicsdaily.com/2010/09/21/republicans-block-dont-ask-dont-tell-repeal/"http://www.politicsdaily.com/2010/09/21/republicans-block-dont-ask-dont-tell-repeal/
Ottoson, D. (2010). State Sponsored Homophobia. International Lebian, Gay, Trans and Intersex Association (ILGA). Accessed on September 26, 2010 from HYPERLINK "http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2010.pdf"http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2010.pdf
Sanders, D. (1996) “Getting Lesbian and Gay Issues on the International Human Rights Agenda,” Human Rights Quarterly, Vol. 18, No. 1 pp. 67-106
Smith, M. (2008) Political Institutions and Lesbian and Gay Rights in the United States and Canada. New York: Routledge.
Smith, M. (2007) “Political Institutions and Policy Divergence: Courts, Legislatures and Same-Sex Marriage in the U.S. and Canada, Conference Papers,” American Political Science Association; 2007 Annual Meeting, p1-23, 23p
This is an excellent start, but in addition to documenting the situation, I'd like you to consider exploring some solutions. What kinds of pressures could a country like Canada exert internationally to promote LBGT rights? What policies would you recommend to a Canadian foreign minister who really cared about this issue? And what could other actors within Canada do?
Also, you might find the following article to be of interest: http://m.straight.com/article/158325
Keep up the good work!
Posted by: Michael Byers | 10/06/2010 at 07:59 AM