"Homosexuality is assuredly no advantage, but it is nothing to be ashamed of, no vice, no degradation, it cannot be classified as an illness; we consider it to be a variation of the sexual function produced by a certain arrest of sexual development."
This statement is from one of the world’s most famous neurologist, Sigmund Freud, which developed psychoanalysis in 1935. Despite this statement it took 55 more years until the World Health Organisation (WHO) removed homosexuality from the list of mental disorders. Until 1993, homosexuality was classified as a harm of the body or mind, with the LGBT rights campaign still a young ‘discipline’, although achieving big successes in recent years. Nevertheless there is still a huge inequality between heterosexuals and LGBT peoples.
Human rights in totality are more of a political issue than a legal issue. Only the collective understanding of human rights makes them universal, with citizens expecting their state to comply with them. This includes the rights of the LGBT peoples.
Based on science a percentage, between 5 and 10 percent, of the human population identify as gay, this issue concerns between 350 to 700 million people. Not included are the estimated percentages of bisexual and transgender people, who also relate to these rights. Regardless of this it is surprisingly that the prosecution, discrimination and ostracism is not hidden, but rather operated in an open and partially aggressive way by religious communities, government bodies and individuals.
This essay is going to answer firstly whether the LGBT rights could be classified as human rights. Secondly, there will be a discussion of the United Nation (UN) Declaration specifically the LGBT peoples. Thirdly, there is an overview of the global LGBT rights with particular focus on three selected countries: Uganda, Russia and South Africa, as these countries currently attract attention primary due to LGBT rights. Accordingly there is a critique and a conclusion.
Table of Contents
- I. Introduction
- II. Are LGBT Rights Human Rights?
- A. The Universal Declaration of Human Rights and Homosexuality
- B. Yogyakarta Principles
- III. Recent Declarations and Resolutions
- A. Declaration on Sexual Orientation and Gender Identity
- B. Human Rights Council Resolution
- IV. An Overview of the LGBT Rights in the World
- A. Anti-LGBT Law
Objectives and Key Themes
This essay aims to examine whether LGBT rights can be classified as human rights, exploring the relevant UN declarations and resolutions. It then provides a global overview of LGBT rights, focusing specifically on Uganda, Russia, and South Africa. The essay will also critique current approaches and offer concluding remarks.
- The classification of LGBT rights as human rights.
- The role of the United Nations in addressing LGBT rights.
- A comparative analysis of LGBT rights in Uganda, Russia, and South Africa.
- The prevalence of anti-LGBT laws and violence globally.
- The conflict between religious and cultural norms and LGBT rights.
Chapter Summaries
I. Introduction: This introductory chapter establishes the historical context of LGBT rights, highlighting the long struggle for recognition and the continued inequalities faced by LGBT individuals. It uses Freud's early acknowledgment of homosexuality as a variation of sexual function to contrast with the later classification of homosexuality as a mental disorder by the WHO, ultimately framing the ongoing fight for equal rights. It then introduces the essay's central question: are LGBT rights human rights? The chapter outlines the essay's structure and its focus on Uganda, Russia, and South Africa due to their significant current relevance in the discussion of LGBT rights.
II. Are LGBT Rights Human Rights?: This chapter delves into the legal and philosophical arguments surrounding the classification of LGBT rights as human rights. It examines the Universal Declaration of Human Rights (UDHR), noting its omission of specific LGBT rights while highlighting Hillary Clinton's influential speech advocating for their inclusion. The chapter analyzes the implications of Article 2 of the UDHR, arguing that while homosexuality wasn't explicitly considered, the principle of non-discrimination extends to sexual orientation. This is further supported by the UNHRC's decision in *Toonen v. Australia*, which established that laws criminalizing consensual homosexual acts violate the right to privacy. The chapter also introduces the Yogyakarta Principles as a further concretization of existing human rights as applied to LGBT individuals.
III. Recent Declarations and Resolutions: This chapter examines recent UN efforts to address LGBT rights, discussing the 2008 Declaration on Sexual Orientation and Gender Identity and a 2011 Human Rights Council resolution. It contrasts the declaration's lack of sufficient support and the resulting resistance from various countries, particularly those with strong religious or cultural objections. The chapter highlights the significance of the Human Rights Council resolution, which called for an end to violence and discrimination against LGBT individuals and a subsequent report detailing the widespread abuse. The contrast between the success of the resolution and the failure of the declaration points to the ongoing complexities and challenges in achieving international consensus on LGBT rights.
IV. An Overview of the LGBT Rights in the World: This chapter offers a broad overview of the global landscape of LGBT rights, highlighting the significant challenges faced by LGBT individuals in many parts of the world, particularly in Muslim-majority countries where religious interpretations often fuel discrimination. The chapter focuses on the prevalence of anti-LGBT laws, noting that homosexual acts are illegal in many countries, and discussing the range of punishments, including the death penalty in some cases. It offers a stark picture of the systematic persecution experienced by LGBT individuals globally, and underlines the disparities between the legal protection offered in some regions and the extreme danger faced in others.
Keywords
LGBT rights, human rights, Universal Declaration of Human Rights, Yogyakarta Principles, UN resolutions, discrimination, homophobia, anti-LGBT laws, Uganda, Russia, South Africa, sexual orientation, gender identity, international human rights law.
Frequently Asked Questions: A Comprehensive Language Preview on LGBT Rights
What is the purpose of this essay?
This essay aims to determine whether LGBT rights are human rights. It examines relevant UN declarations and resolutions, provides a global overview of LGBT rights (focusing on Uganda, Russia, and South Africa), critiques current approaches, and offers concluding remarks.
What are the key themes explored in the essay?
The essay explores the classification of LGBT rights as human rights; the UN's role in addressing LGBT rights; a comparative analysis of LGBT rights in Uganda, Russia, and South Africa; the prevalence of anti-LGBT laws and violence globally; and the conflict between religious/cultural norms and LGBT rights.
What key documents and principles are discussed regarding LGBT rights?
The essay analyzes the Universal Declaration of Human Rights (UDHR), the Yogyakarta Principles, the 2008 Declaration on Sexual Orientation and Gender Identity, and a 2011 Human Rights Council resolution. It also references the *Toonen v. Australia* case.
How does the essay address the Universal Declaration of Human Rights (UDHR)?
The essay examines the UDHR, noting its lack of explicit mention of LGBT rights but arguing that the principle of non-discrimination extends to sexual orientation, supported by the *Toonen v. Australia* case. Hillary Clinton's advocacy for inclusion is also highlighted.
What is the significance of the Yogyakarta Principles?
The Yogyakarta Principles are presented as a further concretization of existing human rights as they apply to LGBT individuals, providing a more specific framework for their protection.
What is the essay's assessment of recent UN declarations and resolutions concerning LGBT rights?
The essay contrasts the lack of support for the 2008 Declaration on Sexual Orientation and Gender Identity with the success of a 2011 Human Rights Council resolution calling for an end to violence and discrimination against LGBT individuals. It highlights the challenges in achieving international consensus.
Which countries are specifically examined in the essay and why?
The essay focuses on Uganda, Russia, and South Africa due to their significant current relevance in the discussion of LGBT rights and their varying approaches to LGBT issues.
What is the essay's overview of the global landscape of LGBT rights?
The essay presents a broad overview highlighting significant challenges faced by LGBT individuals globally, especially in Muslim-majority countries. It emphasizes the prevalence of anti-LGBT laws and the range of punishments, including the death penalty in some regions.
What are the key words associated with the essay's content?
Key words include: LGBT rights, human rights, Universal Declaration of Human Rights, Yogyakarta Principles, UN resolutions, discrimination, homophobia, anti-LGBT laws, Uganda, Russia, South Africa, sexual orientation, gender identity, and international human rights law.
What does the introduction chapter cover?
The introduction establishes the historical context of LGBT rights, highlighting the long struggle for recognition and continued inequalities. It contrasts Freud's early view of homosexuality with its later classification as a mental disorder by the WHO, and introduces the central question of whether LGBT rights are human rights.
What does the chapter "Are LGBT Rights Human Rights?" cover?
This chapter delves into legal and philosophical arguments surrounding the classification of LGBT rights as human rights. It analyzes the UDHR, the implications of Article 2, and the *Toonen v. Australia* case, while also introducing the Yogyakarta Principles.
What is covered in the chapter on "Recent Declarations and Resolutions"?
This chapter examines recent UN efforts to address LGBT rights, specifically the 2008 Declaration on Sexual Orientation and Gender Identity and a 2011 Human Rights Council resolution, contrasting their successes and failures in garnering international support.
What does the chapter on "An Overview of LGBT Rights in the World" cover?
This chapter offers a global overview of LGBT rights, highlighting the challenges faced by LGBT individuals worldwide, particularly in Muslim-majority countries, focusing on the prevalence of anti-LGBT laws and the resulting persecution.
- Quote paper
- Tobias Weitzel (Author), 2012, The rights of LGBT peoples, Munich, GRIN Verlag, https://www.grin.com/document/205975
