This paper shall seek to discuss if the LGBT community has rights that are equal to those of heterosexual beings. It shall also extensively discuss the right to equality and freedom from discrimination of Lesbians, Gay, Bisexual and Transgender.
Consequently, this paper shall focus in depth on the religious, political, social, cultural views in the United States, Kenya and other various countries around the globe.
In addition, this study shall seek to discuss the international and regional framework of LGBT rights in the United States, Kenya and other countries around the world.
Moreover, this study shall analyze the role of the courts both in the United States and Kenya. It shall seek to discuss why such rights are discriminatory and if Kenya should adopt the position as other countries that have passed the laws governing the LGBT community and to ensure the protection of the LGBT community.
This research paper shall be based on desk study. The study will look into the International Bill of Rights, the Supreme Law of Kenya, The constitution of Kenya 2010 and other relevant legislative enactments, case law, historical studies, newspaper articles and also at interviews carried out by other researchers.
Table of Contents
1. CHAPTER ONE
1.1 INTRODUCTION TO THE STUDY
1.2 BACKGROUND
1.3 EGAL PROTECTION OF LGBT RIGHTS
1.4 VIOLENCE AND DISCRIMINATION AGAINST LGBT COMMUNITY
1.5 RATIONALE OF THE STUDY
1.6 THEORETICAL AND CONCEPTUAL FRAMEWORK
1.7 CONCLUSION
1.8 ORGANIZATION OF THE STUDY
2. CHAPTER TWO
2.1 RELIGIOUS, POLITICAL, CULTURAL VIEWS AND INTERNATIONAL AND REGIONAL FRAMEWORK ON THE LGBT RIGHTS
2.2 INTRODUCTION
2.3 RELIGIOUS, POLITICAL, CULTURAL VIEWS
2.4 INTERNATIONAL FRAMEWORK
2.5 UNITED NATIONS INTERNATIONAL BILL OF RIGHTS
2.6 OTHER TREATIES AND CONVENTIONS
2.7 REGIONAL FRAMEWORK
2.8 LEGAL PROTECTION ON LGBT RIGHTS
2.9 CONCLUSION
3. CHAPTER THREE
3.1 COMPARATIVE STUDY ON THE POSITION OF THE LGBT IN THE UNITED STATES AND KENYA
3.2 INTRODUCTION
3.3 ROLE OF THE COURTS TO DECRIMINALISE HOMOSEXUALITY IN THE UNITED STATES
3.4 ROLE OF THE COURTS DECRIMINALIZING HOMOSEXUALITY IN KENYA
3.5 LIMITATION OF RIGHTS
3.6 POTENTIAL OF DECRIMINALIZATION UNDER THE CONSTITUTION
3.7 CONCLUSION
4. CHAPTER FOUR
4.1 CONCLUSIONS AND RECOMMENDATIONS
4.2 INTRODUCTION
4.3 CONCLUSION
4.4 LESSON
4.5 RECOMMENDATIONS
Research Objectives and Themes
This study aims to examine the legal status, challenges, and human rights protections of the LGBT community, specifically through a comparative analysis between the United States and Kenya, to determine how constitutional and international frameworks can be leveraged to address discrimination and promote substantive equality.
- Comparative analysis of LGBT rights in the US and Kenya
- Impact of religious, cultural, and political views on legislation
- Role of judicial systems in protecting sexual minorities
- Intersection of international human rights law and domestic constitutional provisions
Excerpt from the Book
LEGAL PROTECTION OF LGBT RIGHTS
Today, LGBT rights have been recognized in various countries around the world and a growing number of governments around the world are still considering whether to grant legal recognition to the LGBT community. With the exception of South Africa, many countries in Africa, 33 countries have outlawed LGBT rights and further criminalized it. In Kenya, section 162 of the Penal code CAP. 63, Laws of Kenya criminalizes persons involved in gay sex or have any carnal knowledge of any persons involved in unnatural offences and are sentenced to fourteen (14) years of imprisonment. Section 165 only applies to sexual conduct between men. If someone is found guilty under this law, he can be sentenced to a maximum of 5 years in prison. Through these laws it has degraded the inherent dignity of individuals by limiting their right of self-expression. However, Eric Gitari, a renowned International lawyer and others have been advocating for LGBT rights since 2010 having made a petition in the High court against Non-governmental organisations.
In International Human Rights Law, “Human Rights are those fundamental freedoms and entitlements that each person possesses by virtue of nothing more than a status as a human being” (Hofmann and Rowe). Article 1 of the Universal Declaration of Human Rights dominantly provides that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Members of the United Nations reaffirmed that their faith in the promotion of fundamental rights and equality for both men and women to enable better living standards in the society and that included the right against discrimination which still under this declaration it provides that all are equal before the law and are entitled without any discrimination to
Summary of Chapters
CHAPTER ONE: This chapter provides an introduction to the study, defining key terms and establishing the background of LGBT rights, the rationale, and the theoretical framework.
CHAPTER TWO: This chapter critically analyzes the religious, political, and cultural perspectives on LGBT issues while examining international and regional legal frameworks.
CHAPTER THREE: This chapter provides a comparative study between the US and Kenya regarding the role of courts in decriminalizing homosexuality and protecting rights.
CHAPTER FOUR: This chapter presents the overall conclusions and offers specific recommendations for various stakeholders to address discrimination against the LGBT community in Kenya.
Keywords
LGBT Rights, Human Rights, Equality, Non-discrimination, Constitution of Kenya, Decriminalization, Sexual Orientation, Gender Identity, Judicial Review, International Law, Homophobia, Legal Reform, Social Justice, Penal Code, Civil Rights
Frequently Asked Questions
What is the primary focus of this research?
The research focuses on the right to equality and non-discrimination for the LGBT community, evaluating the disparities in legal protection between the United States and Kenya.
What are the central thematic areas covered in the study?
The study covers the impact of religious, cultural, and political viewpoints, international human rights obligations, judicial precedents, and constitutional protections regarding sexual orientation.
What is the main objective of this dissertation?
The primary goal is to determine if the LGBT community in Kenya can be granted equal rights and protection against discrimination through the existing constitutional framework, mirroring international legal standards.
Which scientific methodology is utilized?
The research is based on a desk study methodology, utilizing secondary data such as legislative enactments, case law, academic journals, and reports.
What topics are discussed in the main body of the work?
The main body discusses historical contexts of LGBT rights, religious and cultural barriers, the role of international and regional treaties, and a comparative analysis of court rulings in the US and Kenya.
Which keywords characterize this work?
Key terms include LGBT Rights, Equality, Non-discrimination, Constitution of Kenya, Decriminalization, Sexual Orientation, Gender Identity, and Human Rights.
How does the study address the role of religious views in Kenya?
The study examines how religious fundamentalism, interpreting texts like the Bible and Quran, contributes to homophobia and serves as a barrier to achieving equality for LGBT individuals.
What conclusions does the author reach regarding Kenyan law?
The author concludes that current Kenyan laws, particularly Section 162 of the Penal Code, are unconstitutional and conflict with the broader human rights obligations enshrined in the 2010 Constitution.
- Citar trabajo
- Michelle Nyaguthi (Autor), 2017, The Right to Equality and Non-Discrimination of the LGBT Community. A Comparison Between the United States and Kenya, Múnich, GRIN Verlag, https://www.grin.com/document/412501
