"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
B. LGBT Right Law
V. LGBT RIGHTS IN SELECTED COUNTRIES
A. Uganda
B. South Africa
C. Russia
VI. CRITIQUE
VII. CONCLUSION
Research Objectives and Core Themes
This essay explores whether LGBT rights can be classified as human rights and analyzes the international community's stance through UN declarations and resolutions. It further examines the global state of LGBT rights with a specific comparative focus on the legal and social landscapes in Uganda, Russia, and South Africa.
- The classification of LGBT rights within the framework of universal human rights.
- Evaluation of UN declarations, specifically the Yogyakarta Principles and the 2008 Declaration on Sexual Orientation and Gender Identity.
- Analysis of the impact of religious and state-level anti-LGBT legislation.
- Case studies on the contrasting legal environments in Uganda, South Africa, and Russia.
- The role of international advocacy and the challenges faced by activists in restrictive regimes.
Excerpt from the Book
A. Uganda
For over 100 years homosexuality has been illegal with homosexuals facing lifelong imprisonment in Uganda. Since 2009, as the government first start to intensify the Anti-LGBT law, there is a huge discussion in the international community concerning the tightening of the criminalisation of homosexuality and the LGBT laws, the so called ‘Anti-homosexually Bill.’ This proposal included the adoption of death penalty for ‘serial offenders’ and ‘aggravated homosexuality’. This includes consensual acting with a minor, HIV-positive and disabled persons as well as rape. Homosexual acts themselves would constitute a life imprisonment, even only a touch or a hug can send a person to prison. Furthermore, every person is required to alert the authorities if they gain knowledge that a person is homosexual. Likewise they are committed to report the name of the people who stand up for LGBT rights and landlords are not allowed to rent living space to homosexuals. Due of the global criticism on this legislative proposal, this law was not adopted. At the time, the proposal is in discussion again, but without the death penalty. Having said that, it is the same proposal as in 2009.
Despite this, the government is still terrorising, threating and punishing peoples who are gay or support gay rights. In June of this year the government banned 38 non-governmental organisations (NGO’s) because they ‘promote homosexuality’ and they would help to ‘recruit’ children into homosexuality. Prior to this, Ethics Minister Simon Lokodo, instructed police to raid and breakup a gay right workshop because it constituted a ‘security threat.’
But also in the population is threat and denunciation omnipresent. So revealed a Ugandan newspaper in 2006 a list of 45 people accused to be homosexual and denounced them. The Ugandan Radio Simba was forced to pay a fine of $ 1,000 and make a public apology after, in a live talk show with gay peoples as guests, they declared that homosexuality was ‘an acceptable way of life.’
Summary of Chapters
I. INTRODUCTION: This chapter introduces the historical shift in the perception of homosexuality and outlines the essay's intent to examine the intersection of LGBT rights and universal human rights.
II. ARE LGBT RIGHTS HUMAN RIGHTS?: The chapter discusses the legal and moral arguments for including LGBT protections under the umbrella of human rights, referencing the UDHR and the Yogyakarta Principles.
III. RECENT DECLARATIONS AND RESOLUTIONS: This section details specific UN efforts, including the 2008 Declaration on Sexual Orientation and Gender Identity and the 2011 Human Rights Council resolution.
IV. AN OVERVIEW OF THE LGBT RIGHTS IN THE WORLD: An analysis of global trends, highlighting the prevalence of anti-LGBT laws and the use of religious justifications for discriminatory practices.
V. LGBT RIGHTS IN SELECTED COUNTRIES: This chapter provides a detailed examination of the unique legislative and social climates in Uganda, South Africa, and Russia.
VI. CRITIQUE: A critical reflection on the necessity for international censure of human rights violations and the importance of education and public activism.
VII. CONCLUSION: The author concludes that while progress is evident in some regions, global recognition of LGBT rights remains inconsistent and heavily contested.
Keywords
LGBT rights, human rights, United Nations, Universal Declaration of Human Rights, Yogyakarta Principles, sexual orientation, gender identity, Uganda, Russia, South Africa, anti-homosexuality law, discrimination, international law, activism, religious fundamentalism.
Frequently Asked Questions
What is the primary focus of this work?
The work investigates the integration of LGBT rights into the international human rights framework and provides a comparative analysis of the situation for LGBT individuals in Uganda, Russia, and South Africa.
Which scientific method is employed in this research?
The essay utilizes a legal and socio-political analysis, drawing on international declarations, UN resolutions, and case studies to evaluate the protection of LGBT rights globally.
What are the key themes addressed?
The central themes include the interpretation of international human rights treaties, the impact of religious influence on legislation, and the stark contrast between repressive and liberal approaches to LGBT rights.
How does the UN handle LGBT rights?
The UN has seen increasing discussion on the topic, marked by the 2008 declaration and the 2011 Human Rights Council resolution, though a unified global stance remains challenging to achieve.
What is discussed in the main body of the text?
The main body reviews the evolution of human rights definitions regarding sexual orientation, details specific UN-led declarations, and analyzes country-specific case studies regarding legal treatment and discrimination.
What characterizes the research's keyword profile?
The keywords reflect the intersection of legal, political, and social issues, specifically highlighting international organizations, geographical focal points, and the struggle against systemic discrimination.
How is the legislative situation in Uganda described?
Uganda is characterized by severe anti-homosexuality proposals and state-sponsored suppression, where even activists are targeted and NGOs face closure under the pretense of security threats.
What makes South Africa unique in the African context?
South Africa stands out as a pioneer in Africa, possessing one of the most liberal constitutions that prohibits discrimination based on sexual orientation and legalizes same-sex marriage.
What does the author conclude about the role of 'normality'?
The author concludes that the struggle for LGBT rights is essentially a struggle for recognition, as living 'normally' remains the safest path in a world where being anything else often invites persecution.
- Arbeit zitieren
- Tobias Weitzel (Autor:in), 2012, The rights of LGBT peoples, München, GRIN Verlag, https://www.grin.com/document/205975
