Calyn Shaw: Internationalization of LGBT Rights (Paper Outline)

Gay Rights are Human Rights: Canada’s role in the struggle for international LGBT Rights  

Research Question

What are the key international policy positions in regards to the internationalization of LGBT Rights, and what role can Canada play in the further development of these rights? 

Section 1: Introduction

LGBT rights have advanced significantly in Canada since 1969. However, the Canadian approach to LGBT Rights is far from universal. In many countries homosexuality remains illegal and carries harsh penalties. 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. 57 countries have rejected it.

The purpose of this paper is to determine what kinds of pressures a country like Canada could exert internationally to promote LBGT rights. The paper will examine the policy positions of states, international institutions and NGOs regarding LGBT rights. The final section will include recommended policies for Canadian ministers concerned with this issue, and recommendations for other actors within Canada.

Section 2: Development of LGBT Rights in Canada

This section will focus on the development of LGBT Rights in Canada.

Equality Rights entrenched in Section 15 of Canadian Charter of Right and Freedoms.

Same sex marriage

Section 3: LGBT Rights – International Context

The development of international LGBT Rights

The historical context. The development of LGBT enabled by the growth of secular societies – from the Enlightenment to now

The role of religion

Other roadblocks 

Different policy position of states. Where is it illegal and why is it illegal?

Major Initiatives

U.N. declaration on sexual orientation and gender identity. 

Key organizations

Institutions including the U.N. Economic and Social Council, 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).

Section 4: Canadian Action

What has Canada done to promote international LGBT Rights?

Canadian NGOs – advocacy work in Canada and Internationally

Challenges in Canada – gay bashing, discrimination etc. What are we doing to combat these problems? 

Section 5: Conclusion/Recommendations

Government

Non-governmental actors

 

 

Comments

[Pablo Antezana]

Calyn:

If I'm not wrong, today marks the one year anniversary of the introduction of the Anti-Homosexuality Bill of 2009 into the Parliament of Uganda. I'm sure you are aware of this situation and all the background. Just in case, I'm copying a useful link with updated information:

http://crowdvoice.org/lgbt-rights-in-uganda

[Tyler Harbottle]

Calyn,

For your analysis of the international context of LGBT rights, I would urge you to consult the Constitution of South Africa. Being one of the newest (the newest?) constitutions in the world and one of the most inclusive, it will undoubtedly lend some context to the development of international LGBT norms.

Interestingly, as you mentioned in class, the age of consent in Canada discriminates based on sexual orientation/status. Note that in South Africa, this is not the case.

Will it take a comprehensive dismantling and restructuring of constitutional norms to ensure widespread and international adoption of LGBT rights, such was the case in South Africa?

[Michael Byers]

Tyler is right: the approach taken to the age of consent in Canada is problematic from a human rights perspective.

The issue of transgender rights looms large also.

If you want to explore either of these issues, Bill Siksay MP is the person to speak with.

[Scott Goosenberg]

Calyn,

As I presume that you'll be taking a universalistic stand on LGBT rights, I'm curious as to how selective you will be in picking international cases. It would be interesting if you selected a handful of states whose culture precludes even the discussion of such rights, and came up with some counter-arguments that are reflective of a given regions culture; Sharia Law in the case of certain cultures, and customs that have taken hold over the years. If you can establish an understanding of what elements are particularly troublesome to state actors, it may be productive towards attaining a pragmatic solution that countries who may not even recognize the existence of homosexuals could get on-board with. While it may make the most sense to ignore certain countries, taking a fully universalistic stand seems pretty unlikely to have much resonance in certain regions.

[Hannah van Voorthuysen]

Calyn,

Regarding section four of your paper, I assume you've seen this?

http://www.theglobeandmail.com/news/national/british-columbia/attack-on-vancouver-gay-man-a-hate-crime-says-crown/article1769096/