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Journal articles on the topic 'LGBT rights'
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Lunsing, Wim. "LGBT Rights in Japan." Peace Review 17, no. 2-3 (April 2005): 143–48. http://dx.doi.org/10.1080/14631370500332858.
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Badkur, Vivek. "Natural justice theory: what it means for the right to privacy and LGBT rights in India." Novum Jus 14, no. 1 (February 21, 2020): 241–58. http://dx.doi.org/10.14718/novumjus.2020.14.1.10.
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This paper analyzes two landmark judgments on the right to privacy and LGBTQ+ rights in India. Both of these judgments form part of the same picture, the article analyses these judgments and their decision-making approach in light of natural justice theory. The Supreme Court’s recognition of the right to privacy paves way for the protection of LGBT rights in India. The cumulative effect of the two judgments under analysis demonstrate the need for an expansive interpretation of fundamental and natural rights using natural justice theory.
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Coley, Jonathan S. "Reconciling Religion and LGBT Rights." Social Currents 4, no. 1 (July 31, 2016): 87–106. http://dx.doi.org/10.1177/2329496516651639.
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Why do some Christian colleges and universities approve lesbian, gay, bisexual, and transgender (LGBT) groups and inclusive nondiscrimination policies while others resist them? Scholars are beginning to develop models to explain LGBT inclusion in schools, but they have undertheorized the role of religion in facilitating or impeding LGBT inclusion. In this article, I draw from the literature on religion and the “culture wars,” especially insights into religions’ theological orientations, to explain Christian colleges and universities’ inclusion of LGBT students. I show that communal orientations—theological emphases on social justice—strongly predict the adoption of LGBT groups and inclusive nondiscrimination policies at Christian colleges and universities. By contrast, individualist orientations—theological emphases on personal piety—impede the adoption of such groups and policies. Importantly, I find little support for alternative explanations of Christian colleges and universities’ inclusion of LGBT students that focus on liberal or conservative teachings on same-sex relationships. Beyond bridging literatures on the political sociology of LGBT rights and religion and the culture wars, the article supports an emerging theoretical framework for understanding the role of religion in a wide range of social justice debates.
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Winandra, Desvia. "Human Rights Implementation in The Means of Social Control on Lesbian Gay Biseksual Transgender (LGBT) In Indonesia." UNIFIKASI : Jurnal Ilmu Hukum 5, no. 2 (September 27, 2018): 112. http://dx.doi.org/10.25134/unifikasi.v5i2.1160.
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Human rights applied in Indonesia do not conflict with Pancasila, the 1945 Constitution and religion, and are relative-particularistic. All citizens have the basic rights to freedom. However, the freedom they possess has limits that apply to all citizens without exception, including for lesbian, gay, bisexual, and transgender (LGBT) people. The purpose of this research is to analyze the treatment and views of the society and the implementation of human rights on lesbian, gay, bisexual, and transgender. The method used was non-doctrinal research method. The results of the research showed that the presence of LGBT people is still accepted, but their behavior is not acceptable in society. In conclusion, human right is basically the basic right that every human being has from the womb, born until his death and this right is irrevocable for any reason, except by the Almighty God as the Creator. Indonesia strictly forbids LGBT because it is not in accordance with Pancasila and contradicts with Indonesian cultural values. Yet, in Human Rights Law context, LGBT should get the same rights as other citizens. Human Rights Law in Indonesia protects all citizens� rights, without exception, especially their civil rights.Hak Asasi Manusia (HAM) yang berlaku di Indonesia tidak bertentangan dengan Pancasila, Undang Undang Dasar 1945 dan agama, serta bersifat partikularistik relatif. Semua manusia memiliki hak asasi atas kebebasan. Namun, kebebasan yang dimiliki memiliki batas-batas yang berlaku bagi semua orang tanpa terkecuali, termasuk bagi kaum lesbian, gay, biseksual, transgender (LGBT). Tujuan penelitian ini yaitu merumuskan perlakuan dan pandangan masyarakat serta implementasi hukum hak asasi manusia terhadap lesbian, gay, biseksual, transgender. Metode penelitain yaitu mengunakan penelitian non doktrinal. Hasil dari penelitian yang diperoleh menyatakan bahwa kaum LGBT kehadirannya masih diterima tetapi perilaku mereka tidak dapat diterima di dalam masyarakat. Simpulan yaitu bahwa Pada dasarnya hak asasi manusia merupakan hak dasar yang dimiliki setiap manusia sejak dalam kandungan, lahir sampai kematiannya yang tidak dapat dicabut dengan alasan apapun juga kecuali oleh Tuhan Yang Maha Esa sebagai penciptanya. Indonesia melarang keras LGBT karena tidak sesuai dengan Pancasila dan bersimpangan dengan nilai budaya Indonesia, tetapi dalam konteks Hukum Hak Asasi Manusia, LGBT seharusnya mendapatkan hak yang sama dengan masyarakat lain. Hukum Hak Asasi Manusia di Indonesia melindungi seluruh hak masyarakatnya, tanpa terkecuali, terutama hak sipilnya.
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Currier, Ashley. "Transnational Promotion of LGBT Rights." GLQ: A Journal of Lesbian and Gay Studies 22, no. 1 (December 10, 2015): 140–42. http://dx.doi.org/10.1215/10642684-3315277.
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Small, Andrew. "From conflict to consensus: Reconciling the right to freedom of religion and LGBT rights." Alternative Law Journal 43, no. 3 (August 16, 2018): 221–24. http://dx.doi.org/10.1177/1037969x18768902.
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This Brief considers the tension between the right to freedom of religion and LGBT rights in the context of the landmark ‘wedding cake case’ decided by the US Supreme Court in June 2018 and the Australian Marriage Amendment (Definition and Religious Freedoms) Act 2017. The author proposes a proportionality approach for balancing claims between LGBT rights and freedom of religion, drawing on international norms, case law and the work of progressive religious leaders and academics. The author further suggests that the practical utility of this approach could be bolstered through diverse cross-cultural dialogues between members of LGBT groups and religious groups, with the aim of developing an ‘overlapping consensus’ on core human rights norms.
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Kehl, Katharina. "‘In Sweden, girls are allowed to kiss girls, and boys are allowed to kiss boys’: Pride Järva and the inclusion of the ‘LGBT other’ in Swedish nationalist discourses." Sexualities 21, no. 4 (February 8, 2018): 674–91. http://dx.doi.org/10.1177/1363460717748621.
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This article discusses Pride Järva, a ‘gay pride’ march organised by right-wing publicist Jan Sjunnesson in Stockholm’s northern suburbs. Analysing the event, and in particular a speech made by Sjunnesson during the parade in July 2016, I argue that it is indicative of the specific ways in which right-wing actors in Europe increasingly enlist LGBT rights in nationalist, xenophobic and racist projects of exclusion. As markers of tolerant and progressive ‘Europeanness’, they are used to construct and reproduce dangerous racialised and Islamic others along lines of sexuality and gender, a narrative that resonates with established notions of Swedish gender exceptionalism as well as homonationalist-orientalist narratives of threat and protection. Despite their history of actively opposing the expansion of LGBT rights, Sjunnesson and his political associates combine these narratives with a conceptualisation of LGBT issues as private and depoliticised to produce themselves as the ‘true’ protectors of LGBT rights in Sweden.
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Majka-Rostek, Dorota. "Prawa mniejszości seksualnych w Polsce." Forum Socjologiczne 8 (April 24, 2018): 179–90. http://dx.doi.org/10.19195/2083-7763.8.11.
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Sexual minorities’ rights in PolandThe article covers actions of Polish LGBT movement and the situation of non-heterosexual people in Polish society. These issues are put in a context of problematics of civil rights, part of which sexual rights are. The introduction to the article serves as a short presentation of the concept of sexual citizenship. Afterwards, the history of LGBT activists’ organisational work in Poland is outlined, here presented as a fight for three fundamental rights: right to form registered partnerships, right to thorough education and right to protection against discrimination and hate speech. For over 25 years those demands remain intact, since none of these rights has been guaranteed to sexual minorities yet.
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Atuguba, Raymond A. "Homosexuality in Ghana: Morality, Law, Human Rights." Journal of Politics and Law 12, no. 4 (November 28, 2019): 113. http://dx.doi.org/10.5539/jpl.v12n4p113.
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This paper addresses the status of Lesbian, Gay, Bisexual, and Transgender (LGBT) persons in Ghana. Firstly, it examines the effects of Ghana’s laws and law enforcement practices on the ability of members of the LGBT community to live openly and freely and to enjoy all the rights guaranteed other citizens. Secondly, it explores the current state of affairs within the country as regards the LGBT population, addressing specifically, how members of the community are treated by Ghanaian society. On the whole, the paper advocates for the recognition of members of the LGBT community as equal members of Ghanaian society, deserving of the rights to life, liberty, and the pursuit of happiness.
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Swimelar, Safia. "Nationalism and Europeanization in LGBT Rights and Politics: A Comparative Study of Croatia and Serbia." East European Politics and Societies: and Cultures 33, no. 3 (November 29, 2018): 603–30. http://dx.doi.org/10.1177/0888325418805135.
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LGBT rights have come to be seen as allied with the idea of “Europe” and a European identity, particularly in the process of European Union enlargement to the East. Scholars have examined the ways in which external norms interact with more local, often “traditional” norms and identities. In this process, nationalism and conceptions of national identity and gender/sexuality norms can be seen as important factors that influence the domestic adoption of LGBT rights, particularly in the post-war Balkans. Croatia and Serbia (from approximately 2000 to 2014) present two interesting and different cases to analyze how discourses and dynamics of national and state identity construction, nationalism, and LGBT rights relate to discourses of “Europeanness” and European identity and how these affect the political dynamics of LGBT rights. This article finds that in Croatia, national identity was constructed in terms of convergence with European norms and identity, homonationalism was used to distinguish themselves from a “Balkan” identity, and there was a lower threat perception of the LGBT community framed primarily as a “threat to the family.” In Serbia, state and national identity was constructed in opposition to Europe and homosexuality had stronger threat perception, framed primarily as “threat to the nation.” In short, nationalism and national identity were less disadvantageous as a domestic constraint to LGBT rights in Croatia than in Serbia. The dynamics between nationalism and LGBT rights played out, for example, in the politics of the marriage referendum, Pride Parades, and public discourse more generally. This research contributes to the scholarship on LGBT rights and nationalism by empirically analyzing the different ways that nationalism, gender/sexuality, and European identity interrelate and influence LGBT rights change in a changing post-war identity landscape and how domestic constraints affect human rights norm diffusion.
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Roots, Lehte. "The LGBTI Rights in European Union – Do Survivals get Pension?" Athens Journal of Law 8, no. 2 (March 31, 2022): 107–22. http://dx.doi.org/10.30958/ajl.8-2-1.
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The rights and discrimination of LGBTI people is constantly changing in the time and space. The approach to this specific group of people depends from the values and morality that is prevailing in the leading political parties of the state. All humans are equal and the first article of Universal Declaration of Human Rights states 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”. This basic universal value seems to be forgotten in case of giving rights to LGBTI people. European case law has also fixed the superiority of the EU in this matter and some cases of the CJEU will be discussed to give an example of the power of interpretation of law. It shows how limiting one right (survival’s pension) will change also the power balance in same-sex partnership. This article will explore and analyse the legal, political approaches to LGBTI rights in European Union using the examples of Estonia and Poland. Keywords: Partnership; Same sex union; Charter of Fundamental Rights; Discrimination; LGBT; Human rights: Family rights; Survival’s pension
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Ghozali, Abdul Malik. "FENOMENA LGBT DALAM PERSPEKTIF HAM DAN DOKTRIN AGAMA (SOLUSI DAN PENCEGAHAN)." Refleksi 16, no. 1 (November 9, 2018): 29–66. http://dx.doi.org/10.15408/ref.v16i1.9729.
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Lesbian, Gay, Bisexual and Transgender movements are now a mondial phenomenon. The LGBT community has dared to show itself to the surface. Not only in the Western world alone, but LGBT excitement also rife in the homeland. The emergence of LGBT community in the midst of people's life raises pro and contra. Some people criticize the existence of the LGBT community, because it is considered a people with abnormal behavior and deviates from religious teachings. Others accept it as part of appreciating their exclusion in Human Rights. This study attempts to answer some key questions: What are the views of Islamic teachings and the Human Rights Charter on LGBT behavior? How can the human rights and religious doctrine match in solving this LGBT problem? What are the LGBT prevention solutions and solutions that can be done? To answer this question, research is done by studying religious texts be it the Qur'an or hadith, and the text of the Human Rights Charter. Both types of texts are examined in various approaches; theological, historical, philosophical, medical, tafsir, hermeneutical, jurisprudence and psychological. Content analisys method was initially performed on the text of the Qur'an and the hadith. Matan hadith explored by takhrij method and study of hadith text. From this study, it is concluded that LGBT behavior in religious doctrine is strictly prohibited. Likewise the Human Rights Charter can not justify LGBT behavior under the pretext of individual freedom. Because individual freedom is automatically limited by other individual freedoms and legislation. Treatment and prevention solutions can be done to LGBT behaviors. Because psychically, LGBT behavior is a psychiatric disease that can be treated and prevented.
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SHESTAKOVSKI, OLEKSII, MAKSYM KASIANCZUK, and OLESIA TROFYMENKO. "THE REVOLUTION OF DIGNITY AND INSTRUMENTALISATION OF LGBT RIGHTS: HOW DID ATTITUDES TOWARDS LGBT PEOPLE CHANGE IN UKRAINE AFTER EUROMAIDAN?" Sociology: Theory, Methods, Marketing, Stmm 2021 (1) (April 7, 2021): 127–50. http://dx.doi.org/10.15407/sociology2021.01.127.
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The aftermath of Ukraine’s Revolution of Dignity provoked a lot of criticism among the students of LGBT topics. The principles of non-discrimination and protection of LGBT rights are an exemplary manifestation of European values to which Euromaidan declared adherence. The Association Agreement between Ukraine and the European Union, which was signed after the Revolution, as well as visa-free travel, which was granted to Ukrainian citizens, obliged this country to liberalise LGBT-related laws due to the EUʼs policy on the instrumentalisation of LGBT rights. However, there is a view that this step may cause conflicts in Ukrainian society, which is still predominantly homophobic, and only lead to a superficial change in the condition of LGBT people owing to pressure from the European Union. Some scholars (e.g. Shevtsova [2020], Wannebo [2017]) claim that the instrumentalisation policy has even resulted in a backlash against the LGBT community and worsened the overall situation for them. But has this backlash (if it really happened) entailed a corresponding change in public opinion on LGBT issues? Surprisingly, the dynamics of public attitudes towards the LGBT community and their rights remain unexplored. The paper proposes to fill this gap by a comparative analysis of two cross-sectional surveys on this topic, which were conducted before (in 2013) and after (in 2016) the Revolution of Dignity in several regions of Ukraine. Within the framework of the study, three research questions have been posed: 1. Have Ukrainians’ attitudes towards the LGBT community changed since Euromaidan? 2. How different (e. g. positive) were the attitudes towards LGBT people among Euromaidan supporters? 3. Have the events that happened after the Revolution of Dignity, such as Russia is hybrid war against Ukraine, been able to affect attitudes towards LGBT rights? The results show that there have been modest, albeit statistically significant positive changes in Ukrainians’ attitudes towards the LGBT community since Euromaidan. However, practically no change in terms of support for LGBT rights has been recorded. Our findings are consistent with other relevant nationally representative surveys according to which public perception of LGBT individuals has not worsened. This fact suggests that the instrumentalisation of LGBT rights has not faced any backlash, at least from the general population. Other data in our study indicate that not all proponents of the Revolution of Dignity displayed favourable attitudes towards LGBT people; nevertheless, they held more positive views on the LGBT community and same-sex marriage than those who did not take part in Euromaidan. The respondents who have experienced the impact of the Donbas conflict also demonstrated relatively better attitudes to LGBT individuals and expressed support for their rights. Still, this may be linked to a significant percentage of Euromaidan participants among them.
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Setiawan, Wawan, and Yudhitiya Dyah Sukmadewi. "“PERAN PANCASILA PADA ERA GLOBALISASI” KAJIAN TERHADAP PANCASILA DAN FENOMENA LGBT (LESBIAN,GAY,BISEXUAL,TRANSGENDER) DI INDONESIA." Jurnal Dinamika Sosial Budaya 19, no. 1 (November 21, 2017): 126. http://dx.doi.org/10.26623/jdsb.v19i1.691.
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LGBT phenomenon into a "hot issue" in the international and national levels. LGBT phenomenon in Indonesia would result in the pros and cons of the community. Various groups of people, mainly from religious groups opposed to the existence of the phenomenon. On the other hand, there are also groups that support the LGBT community in Indonesia, the main actors and human rights activists (Human Rights). Most LGBT people found contrary to the noble values of Pancasila, but on the other hand assumes that actors LGBT community is not sexual deviation, and shall have the rights and equality. It is thus necessary to do a study to determine the response of the people of Indonesia respond to the phenomenon of LGBT specifically in this case the younger generation, as well as to determine whether or not the phenomenon of LGBT contrary to the basic values of Pancasila as the State Indonesia.
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Velasco, Kristopher. "Human Rights INGOs, LGBT INGOs, and LGBT Policy Diffusion, 1991–2015." Social Forces 97, no. 1 (April 25, 2018): 377–404. http://dx.doi.org/10.1093/sf/soy030.
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Allen, Marc. "Outing the Majority: Gay Rights, Public Debate, and Polarization after Doe v. Reed." Michigan Journal of Gender & Law, no. 20.1 (2013): 129. http://dx.doi.org/10.36641/mjgl.20.1.outing.
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In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional roles of the civil rights litigants from earlier cases, like NAACP v. Alabama. In those early cases, publicly persecuted groups sought protection from disclosure laws, but, here, the persecutors themselves are looking for help. Second, the Doe v. Reed opinion, and especially Justice Scalia's concurrence, articulate an age-old conception of republican citizenship, one supported by a number of modern and contemporary political theorists. Last, this conception of citizenship has interesting, and largely positive, implications for political polarization, especially in the context of LGBT rights. It facilitates the realization of the fruits of hard-fought public opinion victories by the LGBT community and their allies. The Reed holding has the potential to help turn the ever-growing support for LGBT rights into concrete policies in the next decade. Marriage rights and employment protections for gays, lesbians, and transgender Americans have been put up for public referenda in a number of states. While the last few months have seen a number of key victories for the LGBT community, most states still have laws preventing gay and lesbian couples from marrying. Increased transparency might be good for LGBT legislative battles for a number of reasons. I argue that the LGBT movement is at a place where embracing Scalia's combative public citizenship is a winning strategy. Justice Scalia has provided the LGBT community with a critical weapon in its fight for marriage equality. By examining political science literature and public opinion polling, I hope to show that making public ballot initiatives transparent will curb the trend of states taking away rights and privileges from their LGBT citizens. I share the concerns of commentators like Cass Sunstein, who fear the phenomenon of insular political communities moving to extremes. I also share the concerns of thinkers ranging from James Madison to Alexis de Tocqueville to modern day political scientists about political majorities targeting unpopular minorities in winner-take-all elections. The "brave citizen" of Scalia's concurrence is a conception of deliberative democracy that serves the LGBT community well. In this Note I look at the likely impact of Doe v. Reed on the politics of the fight for LGBT rights.
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Mršević, Zorica. "Homophobia in Serbia and LGBT Rights." Southeastern Europe 37, no. 1 (2013): 60–87. http://dx.doi.org/10.1163/18763332-03701004.
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Homophobia is present in contemporary Serbian society as a rather widespread treatment of non-heterosexuality. It is manifested through various forms of public hate speech, through the forms and cases of discrimination and violence that are caused by homophobia, and through the homophobia-caused deprivation of members of the LGBT population of their various rights, particularly the right to the freedom of peaceful public assembly. Such homophobia is mostly shown by research data recently obtained by the Serbian LGBT rights groups (such as Gay Straight Alliance and Labris) and by media reporting on the recent public events (mostly on three recent attempts to organise Pride Parades in Belgrade, in 2009, 2010, 2011 and 2012). The research data showed that homophobia originates mostly from a lack of knowledge and a stereotyped comprehension of the people and relations among them, while its main protagonists in Serbia are nationalists, traditionalists, conformists and those who believe that hating others is the proper and even only way to defend their national and territorial integrity, as well as a reflection of their genuine patriotism. The spheres in which it is active include all social relations, from private and family, through professional, to public, media and political relations. Research data obtained in recent years by LGBT organisations provide evidence that homophobia is still very prevalent in Serbia, in some respects somewhat more so than in 2008, when the first research of that type was conducted.
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Marcus, Nancy. "Bridging Bisexual Erasure in LGBT-Rights Discourse and Litigation." Michigan Journal of Gender & Law, no. 22.2 (2015): 291. http://dx.doi.org/10.36641/mjgl.22.2.bridging.
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LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, and jurisprudential integrity as a whole. This Article contributes to the bisexual erasure discourse through a unique examination of bisexual erasure through a survey of relevant terminology in LGBT-rights cases, including and beyond recent same-sex marriage litigation. The study documents an almost complete systemic erasure of bisexuals in briefings and opinions, including an absence of any mention of bisexuals by majority opinions in cases where the briefings have set a tone of bi erasure by arguing alternatively for “gay and lesbian” rights, “gay marriage,” or “same-sex marriage,” while completely omitting reference to bisexuals. In addition to documenting the absence of bisexuals in litigation documents (despite the actual presence of bisexuals as litigants), this Article compiles anecdotal evidence of bisexual erasure by attorneys, courts, and the media. The time is overdue for more widespread inclusion of bisexuality in LGBT-rights discourse and litigation. Increased bisexual inclusion can provide a bridge toward more meaningful, holistic, and accurate discourse on the rights of disenfranchised sexual minorities in this country. The tide may finally be turning toward increased bisexual inclusion, however, as some courts and LGBT organizations have employed more inclusive terminology, and one federal judge has explicitly recognized for the first time that bisexuals, like gays, are harmed by same-sex marriage bans. Bisexuality, the last sexual orientation that dare not speak its name, is finally claiming its seat at the table of equal liberty, dignity and respect under law and in the eyes of the LGBT-community itself. The legal community should join this move toward more honest and holistic discourse that acknowledges the equal validity of bisexuality along with other sexual orientations. This Article is one of many steps that must be taken for more meaningful and inclusive LGBT-rights discourse.
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Flores, Andrew R., Christy Mallory, and Kerith J. Conron. "Public attitudes about emergent issues in LGBTQ rights: Conversion therapy and religious refusals." Research & Politics 7, no. 4 (October 2020): 205316802096687. http://dx.doi.org/10.1177/2053168020966874.
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Following legal recognition of marriages for same-sex couples, new topics have emerged in debates over LGBT rights. While numerous studies of public opinion about gay and transgender rights have been examined, some emergent issues remain underexamined. Two prominent issues are conversion therapy and denials of service based on religious beliefs in a variety of settings. These areas of LGBT rights are dynamic, with some states recently banning conversion therapy on minors, the Trump Administration’s guidance on denials of service by health professionals, and some states funding adoption and foster agencies that refuse to provide services to same-sex couples and LGBT adults. In this study, we assess factors associated with public attitudes on these issues. While we find patterns that are consistent with previous studies, we also find inconsistencies when examining the effects of age, race, partisanship, educational attainment, and interpersonal contact. We further find that being a parent moderates the effects of interpersonal contact. Sometimes the moderated contact effects are large and positive but other times contact effects are negative. The contact effect depends on the particular type of contact such as with LGB people, transgender people, or knowing parents who have a transgender child.
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Dwiyanti, Ita. "The Criminal Penalties for LGBT in a Human Rights Perspective." Semarang State University Undergraduate Law and Society Review 1, no. 1 (January 31, 2021): 1–18. http://dx.doi.org/10.15294/lsr.v1i1.49835.
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LGBT is essentially an unusual behavior of social aberrations. The cause of a person to be LGBT was due to several factors, genetic, hormonal, gender role discomfort, peer group interaction, social. Human rights exist from the day we are born until we die, and the function of human rights to protect all rights including to live and get legal protection. In terms of human rights criminalizing a person is an offense for depriving them of their rights, but if there is a violation that man is doing, of course it is not a violation even though human rights existed from the moment we are born until we die. Court Decision Number 46/PUU-XIV/2016 becomes controversial because it is considered to have legalized LGBT. If read properly Court decision No. 46/ UU-XIV/2016 this Court does not intend to legalize LGBT but more consider the good and bad.
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Dwiyanti, Ita. "The Criminal Penalties for LGBT in a Human Rights Perspective." Semarang State University Undergraduate Law and Society Review 1, no. 1 (January 31, 2021): 1–18. http://dx.doi.org/10.15294/lsr.v1i1.49835.
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LGBT is essentially an unusual behavior of social aberrations. The cause of a person to be LGBT was due to several factors, genetic, hormonal, gender role discomfort, peer group interaction, social. Human rights exist from the day we are born until we die, and the function of human rights to protect all rights including to live and get legal protection. In terms of human rights criminalizing a person is an offense for depriving them of their rights, but if there is a violation that man is doing, of course it is not a violation even though human rights existed from the moment we are born until we die. Court Decision Number 46/PUU-XIV/2016 becomes controversial because it is considered to have legalized LGBT. If read properly Court decision No. 46/ UU-XIV/2016 this Court does not intend to legalize LGBT but more consider the good and bad.
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Dimovski, Darko. "MEMBERS OF THE LGBT COMMUNITY UNDER ARTICLE 12 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS." Journal of Criminology and Criminal Law 59, no. 2 (November 5, 2021): 161–78. http://dx.doi.org/10.47152/rkkp.59.2.10.
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The author presents the most significant decisions of the European Court of Human Rights regarding the right to marriage for members of the LGBT community. From the analyzed cases, we can follow the development of this right for members of the LGBT community, on the basis of which they were given the opportunity to conclude the so-called civil partnership. At the same time, the author's paper distinguishes between cases in which there has been a change of sex and, accordingly, certain problems with regard to the exercise of rights under Article 12 of the Convention.
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Wilson, Bruce M., and Camila Gianella-Malca. "Overcoming the Limits of Legal Opportunity Structures: LGBT Rights’ Divergent Paths in Costa Rica and Colombia." Latin American Politics and Society 61, no. 2 (March 14, 2019): 138–63. http://dx.doi.org/10.1017/lap.2018.76.
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ABSTRACTCosta Rica and Colombia, two of the earliest Latin American countries to protect many LGBT rights, attempted to amplify those rights and litigate same-sex marriage (SSM) in mid-2000s; however, these attempts sparked a major anti-LGBT backlash by religious and conservative organizations. Yet a decade later, Colombia legalized SSM while Costa Rica still lacks the right to SSM. Using a most-similar systems comparative case study, this study engages the judicial politics literature to explain this divergent outcome. It details how courts, while staying receptive to many individual LGBT rights claims, deferred SSM legalization to popularly elected branches. In spite of the lack of legislative success in both countries, in Colombia a new litigation strategy harnessed that deference to craft a litigated route to legalized SSM. In Costa Rica, the courts’ lack of conditions or deadlines has left SSM foundering in the congress.
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Swimelar, Safia. "LGBT Rights in Bosnia: The Challenge of Nationalism in the Context of Europeanization." Nationalities Papers 48, no. 4 (September 12, 2019): 768–90. http://dx.doi.org/10.1017/nps.2019.65.
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AbstractNationalism has been one of the domestic constraints to progress on lesbian, gay, bisexual, and transgender (LGBT) rights, especially in the Balkans that are dealing with multiple postwar transition realities. Ethno-nationalist challenges, often influenced by religion, have been significant in Bosnia-Herzegovina given weak state identity and democracy, competing institutionalized ethno-national identities, and slow Europeanization. Through the lenses of gendered nationalism, the societal security dilemma, and political homophobia, this article analyzes how the politics and discourse of LGBT rights during the past decade in Bosnia reveal tensions between competing and multiple identities and narratives—European, multiethnic, ethno-nationalist, and religious—using the violent response to the 2008 Queer Sarajevo Festival as a key illustration. However, in the past decade, LGBT rights have progressed and antigay backlash to LGBT visibility (in addition to stronger external leverage and other factors) has resulted in stronger activism and change. The public discourse and response to the announcement of Bosnia’s first Pride Parade represents another turning point in LGBT visibility that seems to reveal that ethno-nationalist challenges may be lessening as LGBT rights norms gain strength.
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AYOUB, PHILLIP M., DOUGLAS PAGE, and SAM WHITT. "Pride amid Prejudice: The Influence of LGBT+ Rights Activism in a Socially Conservative Society." American Political Science Review 115, no. 2 (January 25, 2021): 467–85. http://dx.doi.org/10.1017/s0003055420001082.
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How do mass publics react to lesbian, gay, bisexual, and transgender (LGBT+) advocacy efforts in socially conservative societies? We consider how the first-ever LGBT+ Pride in Sarajevo, Bosnia and Herzegovina influences ordinary citizens’ attitudes and behavior regarding LGBT+ support. Using nationwide and local panel surveys, we find that support for LGBT+ activism increased locally after the Pride but did not diffuse nationwide, signaling how proximity mechanisms reinforce Pride effects. In survey experiments, we show that subjects are responsive to both mobilization and counter-mobilization appeals by local activists. We also find evidence from a behavioral experiment that the Pride had a positive effect on shifting the allocation of financial resources toward local pro-LGBT+ activists and away from opposition groups. Finally, in-depth interviews with local LGBT+ activists underscore the challenges facing LGBT+ activism in socially conservative societies but also point to the substantial possibilities of collective action on behalf of minorities at risk.
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Singgih, Emanuel Gerrit. "MENDAMAIKAN KEKRISTENAN DAN LGBT: SEBUAH UPAYA HERMENEUTIK ALKITAB." Jurnal Ledalero 19, no. 1 (July 3, 2020): 34. http://dx.doi.org/10.31385/jl.v19i1.194.34-54.
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<p>This paper challenge to raise the understanding that “the Bible is anti LGBT”. Hermeneutical examination of the six passages or texts shows that in the Bible there are anti-LGBT texts, but there are also pro-LGBT texts. Then the story of Sodom and Gomorrah, often used as “proof” that the Bible is anti-LGBT, can also be interpreted as opposites. Finally there is a hermeneutical discussion about the relationship of religion and science, culture and human<br /> rights, and concrete proposals regarding the pastoral actions of the<br /> church against LGBT people.</p><p><br /> <strong>Keywords:</strong> Hermeneutics, Sola Scriptura Plus, anti-LGBT texts, pro-LGBT texts, religion/theology, science/science, human rights, and restriction.</p><p> </p>
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Hua, Boya, Vickie F. Yang, and Karen Fredriksen Goldsen. "LGBT Older Adults at a Crossroads in Mainland China: The Intersections of Stigma, Cultural Values, and Structural Changes Within a Shifting Context." International Journal of Aging and Human Development 88, no. 4 (April 4, 2019): 440–56. http://dx.doi.org/10.1177/0091415019837614.
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In this article, we explore the lives of lesbian, gay, bisexual, and transgender (LGBT) older adults in mainland China, with an emphasis on the shifting nature of the cultural context. Based on a culturally informed perspective, the intersection of LGBT stigma with cultural values (familial responsibility, filial piety, and loss of face) and larger structural changes (the aftermath of the one-child policy, economic reforms and globalization, LGBT human rights, and HIV policies) are creating dramatic shifts in Chinese society and impacting the lives of LGBT older adults. The increasing prevalence of HIV among gay and bisexual older men, although rarely acknowledged, is also contributing to challenges facing LGBT older adults and their families. These changes render LGBT older adults and those living with HIV and their caregivers at risk of economic insecurity. Resilience and resistance of LGBT older adults in China must be considered in both practice and policy to strengthen LGBT human rights globally.
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Channing, Iain, and Jonathan Ward. "Homophobia, Brexit and constitutional change." Safer Communities 16, no. 4 (October 9, 2017): 166–75. http://dx.doi.org/10.1108/sc-08-2017-0032.
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Purpose This paper addresses some of the future challenges that the vote to leave the European Union (EU) may have on the UK’s constitutional framework. The potential abolition of the Human Rights Act 1998 and its replacement with a Bill of Rights is examined in relation to the interpretation of freedom of expression. More specifically, this is analysed in relation to the often conflicting freedoms to express homophobic views and to freely express one’s sexual identity. With EU law protecting many of the recently won rights favouring lesbian, gay, bisexual and transgender (LGBT) equality, the purpose of this paper is to underline the potential dangers should this layer of international scrutiny be lost and highlight where more improvements for equality are still needed. Design/methodology/approach This paper offers a critical reflection on the recent political and judicial rhetoric which has accompanied the issues of LGBT social and legal equality. Recent judgements from domestic and European courts are analysed to identify how any potential re-interpretation of freedom of expression may affect the LGBT community. Findings While the UK has made welcome strides in improving the legal equality of the LGBT community, it is argued that the potential loss of judicial scrutiny from the European Court of Human Rights and the European Court of Justice may have negative consequences. An examination of recent judicial and political discourse demonstrates that homophobic expression – or at least tacit acceptance of it – still permeates throughout these institutional spheres. Originality/value The paper highlights how the subtleties of constitutional changes following Brexit may threaten the current progression of LGBT rights in the UK and proposes that a commitment to freedom of expression must give greater recognition to the right to express sexual identity.
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Pakuła, Łukasz, and Joanna Chojnicka. "WHEN THE OBLIGATION TO BE NEUTRAL BECOMES THE RIGHT TO DISCRIMINATE: DISCURSIVE STRUGGLES OVER LGBT+ RIGHTS AT POLISH UNIVERSITIES." Trabalhos em Linguística Aplicada 59, no. 3 (September 2020): 1758–83. http://dx.doi.org/10.1590/010318138831011120201204.
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ABSTRACT In this article, we discuss the narratives of struggle, resistance, and counter-resistance over the rights of the LGBT+ community at several Polish universities, which remain unnamed in order to protect our informants. In particular, we look at the discourses of LGBT+ groups struggling to establish or maintain organizations of various forms (from students’ study circles to union-like institutions) within the context of internal university structure, Polish academic culture and current political developments in the country. This research draws on semi-structured in-depth interviews we conducted in the spring and summer of 2020. In our analyses of the interview material, we apply a multidisciplinary methodological framework combining CDA and narrative inquiry in order to examine linguistic phenomena participating in constructing a particular version of reality through text in talk. Such research design enables us to offer a case study of the difficulties and obstacles faced by LGBT+ activists in the Polish academia the way they understand them, and of the resistance strategies they employ in this particular context. Our research shows a wide range of resistance strategies employed by the LGBT+ community members that can be classified according to the scale of discriminatory practices they form a response to (systemic/individual discrimination) and the type of the response itself (group/individual response). On the basis of the discussed examples, our article offers an interagentive matrix of strategies of addressing LGBT+ issues emerging within the Polish academic context.
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Buyantueva, Radzhana. "LGBT Rights Activism and Homophobia in Russia." Journal of Homosexuality 65, no. 4 (June 6, 2017): 456–83. http://dx.doi.org/10.1080/00918369.2017.1320167.
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Burgess, Susan. "Beyond Marriage: Continuing Battles for LGBT Rights." Journal of Women, Politics & Policy 39, no. 4 (October 2, 2018): 521–22. http://dx.doi.org/10.1080/1554477x.2018.1511129.
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DeNardis, Laura, and Andrea M. Hackl. "Internet control points as LGBT rights mediation." Information, Communication & Society 19, no. 6 (March 8, 2016): 753–70. http://dx.doi.org/10.1080/1369118x.2016.1153123.
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MacCartney, Danielle. "The Global-Local Tension of LGBT Rights." Human Rights Review 19, no. 1 (January 16, 2018): 121–26. http://dx.doi.org/10.1007/s12142-017-0485-z.
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Taylor, Jami K., Barry L. Tadlock, and Sarah Poggione. "State LGBT Rights Policy Outliers: Transsexual Birth Certificate Amendment Laws." American Review of Politics 34 (November 1, 2013): 245–70. http://dx.doi.org/10.15763/issn.2374-779x.2014.34.0.245-270.
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This paper explores an anomaly in gay, lesbian, bisexual and transgender (LGBT) rights policy, laws allowing transsexual individuals to amend their birth certificates. Unlike most other LGBT rights policies, these statutes are often found in Southern and other conservative states. In fact, these laws are found in half of the Southern states. The array of states with these laws does not conform to the traditional pattern of morality politics laws that is commonly associated with LGBT rights. Using a Cox non-proportional hazards model, we find that the adoption of these laws was influenced by vertical diffusion of the Centers for Disease Control's model vital records recommendations. States with more professionalized bureaucracies, like Virginia and Georgia, were more likely to implement these recommended best practices. However, as transgender rights became more closely associated with the gay rights advocacy movement, this issue likely resembles morality policy. The result being that liberal and conservative elites respond to these policies in predictable manners. Notably, the political opportunity structure in Southern states has not allowed the passage of this type of statute since the incorporation of transgender rights into the LGBT social movement during the mid-1990s.
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Fobear, Katherine. "“I Thought We Had No Rights” – Challenges in Listening, Storytelling, and Representation of LGBT Refugees." Studies in Social Justice 9, no. 1 (December 10, 2015): 102–17. http://dx.doi.org/10.26522/ssj.v9i1.1137.
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Storytelling serves as a vital resource for Lesbian, Gay, Bisexual and Trans* (LGBT) refugees’ access to asylum. It is through telling their personal stories to the Canadian Immigration and Refugee Board that LGBT refugees’ claims for asylum are accessed and granted. Storytelling also serves as a mechanism for LGBT refugees to speak about social injustice within and outside of Canada. In this article, I explore the challenges of storytelling and social justice as an activist and scholar. I focus on three contexts where justice and injustice interplay in LGBT refugee storytelling: the Canadian Immigration and Refugee Board, public advocacy around anti-queer violence and refugee rights, and oral history research. I describe how in each arena storytelling can be a powerful tool of justice for LGBT refugees to validate their truths and bring their voices to the forefront in confronting state and public violence. I investigate how these areas can also inflict their own injustices on LGBT refugees by silencing their voices and reproducing power hierarchies.
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Maulana, Abdullah Muslich Rizal. "Irshad Manji on Hermeneutics: Reconsidering Her Method of Interpretation of LGBT-Q Verses in Al-Qur’an." AT-TURAS: Jurnal Studi Keislaman 8, no. 1 (June 30, 2021): 74–100. http://dx.doi.org/10.33650/at-turas.v8i1.1662.
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A Canadian Muslim Reformist, Irshad Manji, has strived to introduce her thoughts concerning the emancipation of LGBT-Q rights around the world. Accordingly, She offered a ‘reformed interpretation’ of The Qur’an to reveal alternatives of theological understanding regarding some verses about LGBT-Q. This paper will enquire Manji’s fundamental idea and the method in commenting and interpreting LGBT-Q verses in the Qur’an, as her endeavor was considered closely similar to Hermeneutics, a method of interpretation developed in the Catholic-Christian World. This paper found the domination of Hermeneutics on Manji’s attempt in understanding the Qur’an constructing her argumentation about LGBT-Q. In the perspective of Science of Qur’an and Tafsir, Manji has manipulated Qur’anic verses to support her campaign emancipating LGBT-Q rights in the whole domains, especially in their sexual expression.
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O’Dwyer, Conor. "The Benefits of Backlash: EU Accession and the Organization of LGBT Activism in Postcommunist Poland and the Czech Republic." East European Politics and Societies: and Cultures 32, no. 4 (April 10, 2018): 892–923. http://dx.doi.org/10.1177/0888325418762051.
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How can we explain variation in the organization of LGBT activism in postcommunist Europe, both across countries and over time? Much of the extant scholarship has analyzed the comparative politics of homosexuality in the region in terms of transnational norm diffusion occurring within the context of EU accession and integration. Thus, it emphasizes the empowerment of domestic gay rights groups either through maximizing the leverage of their external allies or through increasing their linkage with transnational advocacy networks. This paper argues that the effectiveness of these diffusion mechanisms is strongly constrained by the collective action problems faced by gay rights activists in societies with a legacy of civil society underdevelopment, such as in postcommunist Europe. We argue that hard-right backlash is a critical domestic factor that can help overcome these collective action problems, enabling gay rights activists to find resonant frames, build internal solidarity, and win allies—even when social movement resources are minimal. The research focuses on a close comparison of Poland and the Czech Republic since 1989 and draws on field interviews and original sources to process-trace the resonance of LGBT rights frames and how activism is organized. By building organizationally robust activism, postcommunist gay rights movements lay claim to full membership in the political community, exercise civil rights as LGBT citizens (not merely as private ones), and expand the sphere of “sexual citizenship.”
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Vitikainen, Annamari. "LGBT rights and refugees: a case for prioritizing LGBT status in refugee admissions." Ethics & Global Politics 13, no. 1 (January 1, 2020): 64–78. http://dx.doi.org/10.1080/16544951.2020.1735015.
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Angotti, Nicole, Tara McKay, and Rachel Sullivan Robinson. "Lgbt Visibility and Anti-Gay Backlash." Sociology of Development 5, no. 1 (2019): 71–90. http://dx.doi.org/10.1525/sod.2019.5.1.71.
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Throughout the 2000s, donor organizations successfully argued for the inclusion of men who have sex with men (msm) in the global response to HIV/AIDS. These efforts have had unintended consequences for msm and lesbian, gay, bisexual, and transgender (lgbt) populations in sub-Saharan Africa. Focusing on Malawi and Senegal, we find that donors’ emphasis on msm provided new urgency and sources of support for nascent lgbt- and msm-identified groups to organize around sexual identities and disseminate prevention strategies to their communities. These interventions increased the visibility of msm and lgbt populations in both countries; however, this new visibility also positioned msm and lgbt organizations between Western donors and political elites, contributing to political backlash against lgbt Malawians and Senegalese by the late 2000s. Further, while some msm- and lgbt-identified organizations in Malawi and Senegal ultimately expanded their activism to include lgbt rights, other HIV organizations working with msm to gain access to new donor funding did not advocate for the rights of lgbt populations. We discuss the implications of these processes for development initiatives and argue for a more expansive definition of health in HIV and development work to address a broader set of community concerns.
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Muehlenhoff, Hanna L. "Neoliberal governmentality and the (de)politicisation of LGBT rights: The case of the European Union in Turkey." Politics 39, no. 2 (July 4, 2018): 202–17. http://dx.doi.org/10.1177/0263395718770890.
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The European Union (EU) praises itself for being a promoter of lesbian, gay, bisexual, and transgender (LGBT) rights in the world. It supports LGBT organisations abroad with the European Instrument for Democracy and Human Rights (EIDHR). Yet, the EIDHR has come under scrutiny by scholars arguing that it is based on neoliberal rationalities and depoliticises civil society. The literature analyses the EU’s documents but does not study funding in practice. Moreover, it has a narrow understanding of politicisation failing to include insights from feminist and queer literature. To problematize the EU’s policy, we need to analyse it in the sites it intervenes in. It is unclear whether and how the EIDHR depoliticises LGBT organisations and issues. Studying the case of Turkey, I argue that the EU’s support of LGBT organisations had ambiguous effects which are not necessarily the ones intended by the EU nor the ones expected by the governmentality literature. The EU’s funding depoliticised the organisations in the sense that they looked less political and more transparent. Yet, this helped making LGBT rights’ claims more legitimate within Turkey’s political struggles. At the same time, EU funding created conflicts within the LGBT movement about the question of Western external funding and neoliberal co-optation.
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Manik, Toba Sastrawan, Dwi Riyanti, Mukhamad Murdiono, and Danang Prasetyo. "Eksistensi LGBT Di Indonesia dalam Kajian Perspektif HAM, Agama, dan Pancasila." Jurnal Kewarganegaraan 18, no. 2 (September 27, 2021): 84. http://dx.doi.org/10.24114/jk.v18i2.23639.
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AbstractGay, Bisexual, and Transgender (LGBT) in Indonesia from the perspective of human rights, Islam, and Pancasila. Research is qualitative using the method of literature study (library research). LGBT based on a religious point of view, especially Islam and Pancasila are declared forbidden and contrary culture. But, the state is in ambiguity in determining policy. The State of Indonesia faces a dilemma between Pancasila and Islam with the consistency and spirit of human rights enforcement in Indonesia since the Reformation Era. This manifestation of ambiguity appears to be the lack of clear regulation of LGBT. This gives rise to discriminatory attitudes towards LGBT people both psychologically, physically socially, culturally, and economically. This study recommends that the state should take a bold stance in determining the point of view of LGBT. LGBT citizens should still be treated equally. The absence of regulation against LGBT is a manifestation of discrimination by the state. The state should give its perspective on LGBT in Indonesia. -------------AbstrakTujuan dari artikel ini ialah untuk mengkaji tentang eksistensi Lesbian, Gay, Biseksual, dan Transgender (LGBT) di Indonesia dari perspektif hak asasi manusia, Islam, dan Pancasila. Penelitian bersifat kualitatif dengan menggunakan metode kajian literatur (library research). LGBT jika dipandang dari sudut agama khususnya Islam dan Pancasila jelas dinyatakan terlarang dan bertentangan dengan budaya Indonesia. Tapi, negara dalam keambiguan dalam menentukan kebijakan. Negara Indonesia menghadapi dilema antara Pancasila dan Islam dengan konsistensi dan semangat penegakan HAM di Indonesia sejak Era Reformasi. Manifestasi keambiguan ini tampak pada ketiadaan regulasi yang jelas terhadap LGBT. Hal ini menimbulkan sikap diskrimnasi terhadap kalangan LGBT baik secara psikis, fisik secara sosial, budaya, dan ekonomi. Rekomendasi dari kajian ini ialah negara harus berani mengambil sikap dalam menentukan sudut pandang terhadap LGBT. LGBT sebagai warga negara harus tetap diperlakukan sama. Ketiadaan regulasi terhadap kalangan LGBT merupakan manifestasi diskriminasi oleh negara. Negara harus memberikan sudut pandangnya sendiri terhadap LGBT di Indonesia
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Sanders, Douglas. "Flying the Rainbow Flag at the United Nations." Journal of Southeast Asian Human Rights 5, no. 2 (December 31, 2021): 100. http://dx.doi.org/10.19184/jseahr.v5i2.23821.
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Issues of sexual orientation and gender identity were raised in two of the United Nations intergovernmental world conferences on women, 1985 and 1995, and in the Vienna world conference on human rights in 1993. From 2006 a number of LGBTI Non-Governmental Organizations gained ongoing ‘consultative status’ from the Economic and Social Council allowing access to regular UN human rights events. Leading human rights NGOs, such as Amnesty International and Human Rights Watch began to address LGBTI issues. The Human Rights Council condemned violence and discrimination on grounds of sexual orientation and gender identity in 2011 and later authorized an independent expert, whose mandate was renewed for a second term. The UNDP “Being LGBT in Asia” program has been active in eight Asian states, including five in ASEAN: Cambodia, Indonesia, Philippines, Thailand, and Vietnam. Strong support came from Ban Ki-moon as UN Secretary-General, as well as from the Office of the UN High Commissioner for Human Rights and other agencies.
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Harahap, Rustam DKA. "LGBT DI INDONESIA : Perspektif Hukum Islam, HAM, Psikologi dan Pendekatan Maṣlaḥah." Al-Ahkam 26, no. 2 (December 2, 2016): 223. http://dx.doi.org/10.21580/ahkam.2016.26.2.991.
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<em>This study aims to discuss LGBT phenomenon in Indonesia in Islamic law, human rights (HAM), and psychological prespectives. In general, this controversy can be classified into three perspectives, First, religious classification that represented by religious prominent figures and religious organizations particularly Islam, the second, both activists and human rights activists, and the third, psychologist profession. According to the psychological perspective, LGBT is a disease that has a possibility to be cured. According to Islamic law and human rights, LBGT groups must be protected in the form of health insurance by helping and treating them from the disease to be normal. But, the LGBT community activities that contradict with religious norms and interfere the other human rights, then according to the Islamic law and human rights perspectives, such activities should be banned, even they can be subjected to sanctions.</em>
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Nuñez-Mietz, Fernando G. "Resisting human rights through securitization: Russia and Hungary against LGBT rights." Journal of Human Rights 18, no. 5 (September 6, 2019): 543–63. http://dx.doi.org/10.1080/14754835.2019.1647100.
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Khuluq, Muhammad Khusnul. "The Harmonised Shari’ah and Human Rights on LGBT." Ulumuddin Journal of Islamic Legal Studies 1, no. 1 (July 13, 2020): 1. http://dx.doi.org/10.22219/ulumuddin.v1i1.11342.
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This article has an objective to analyse the phenomenon of LGBT through the lens of harmonisation between sharī’ah and human rights. Although in general the LGBT groups have faced challenging realities of discrimination and it encourages them to become minority and vulnerable groups, they are human being who have dignity. It means their dignity must be respected and protected. In dealing with this issue, some scholars have covered it either via the perspective of sharī’ah or human rights. However, the study that has focused on the issue using the perspective of harmonic elaboration between sharī’a and human rights has remained in absence. Accordingly, this article will consider the issue using the perspective and the approach of maqāṣid al-sharī’ah. This article argues that what sharī’a and human rights believe in relation to human dignity is not contradictory. Consequently, it is important to reconstruct the understanding of Islamic jurisprudence that is more humanistic. Therefore, in the context of LGBT, sharī’a and human rights can be united in a harmonious perspective.
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Lauzon, Jolane T. "Parental Rights for Lesbian, Gay, Bisexual and Transsexual Persons: A Comparison Between the European and Inter-American Systems of Human Rights." Revue générale de droit 49 (January 15, 2019): 207–35. http://dx.doi.org/10.7202/1055490ar.
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This article addresses the question of parental rights for lesbian, gay, bisexual and transsexual persons (LGBT). Through an analysis of the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights, it will look at the right to a family, the right to privacy and the right to non-discrimination, since these rights are the ones that are always invoked by the petitioners. More precisely, this article will look at the question of adoption for homosexual individuals and same-sex couples, as well as the issue of children custody rights.
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Hrckova, Jana, and Michael C. Zeller. "The everyday abnormal and the quest for normalcy." Intersections 7, no. 4 (2021): 104–23. http://dx.doi.org/10.17356/ieejsp.v7i4.817.
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Illiberal regimes and societies test resilience and provoke resistance, especially from targeted minority groups. But this abstraction can obscure the complexity of specific events and participants’ emotional motivation. What are the emotional and cognitive responses of protest participants within illiberal contexts? This article investigates this question by focusing on LGBT-rights protest participants in contemporary Poland. Using testimony from in-depth semi-structured interviews with participants from 2019 equality marches, we identify emotional and cognitive responses that centre around a quest for normalcy. Illiberal politics in Poland, especially when contrasted with perceptions about LGBT acceptance in neighbouring countries, have made everyday life 'abnormal,' where LGBT individuals fear increasing violence and feel unable to act normally. Protest participation opens a space where LGBT individuals and allies can feel normal. This experience of normalcy effectively claims recognition of one's 'normal' humanity. In turn, this builds resilience within participants to endure the deterring effects of everyday life and to continue their advocacy for LGBT rights.
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Karasic, Dan H. "Protecting Transgender Rights Promotes Transgender Health." LGBT Health 3, no. 4 (August 2016): 245–47. http://dx.doi.org/10.1089/lgbt.2016.0072.
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Dotan, Yoav. "The Boundaries of Social Transformation through Litigation: Women's and LGBT Rights in Israel, 1970–2010." Israel Law Review 48, no. 1 (January 29, 2015): 3–38. http://dx.doi.org/10.1017/s0021223714000284.
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The global expansion of judicial power and the rise of litigation as a vehicle for social transformation are two conspicuous social phenomena that are subject to intensive research by social scientists and lawyers alike. One of the most hotly debated questions in this regard relates to the potential value of law in general, and litigation in particular, as a strategy for social change. This article examines the question by comparing the struggle for equality in Israel by two groups – women's rights activists and lesbian, gay, bisexual and transgender (LGBT) rights activists – between 1970 and 2010. The struggles of women and LGBT people for equality have many shared characteristics, since both challenge the traditional conservative patriarchal social model. In Israeli society, moreover, both LGBT rights activists and women's equality activists faced the same political rivals: the powerful macho-type socio-political mentality, rooted in the central status of the military in Israeli society, and the strong hold of Jewish ultra-orthodox parties in the political system. The strategies that the two groups adopted to overcome these obstacles, however, were markedly different. While women's groups adopted an elitist strategy of struggle that concentrated on legal measures, LGBT rights groups adopted a variety of strategies that emphasised grassroots political tactics. The article examines the success of each group in achieving its political objectives by using cross-country comparative indexes of LGBT and women's rights. I argue that the comparison between the two groups points to the relative weaknesses of legal and litigation-centred strategies as vehicles for social transformation.
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Chaney, Paul, Seuty Sabur, and Sarbeswar Sahoo. "Civil Society Organisations and LGBT+ Rights in Bangladesh: A Critical Analysis." Journal of South Asian Development 15, no. 2 (August 2020): 184–208. http://dx.doi.org/10.1177/0973174120950512.
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This article explores civil society organizations’ (CSOs) views on the contemporary situation of LGBT+ people in Bangladesh. It is a lacuna requiring attention because of the country’s poor and deteriorating equality and human rights record. Here we analyse the level of attention to prevailing human rights violations and apply critical frame analysis to the corpus of CSOs’ submissions to the United Nations third cycle Universal Periodic Review (UPR), 2013–2018. These reveal how a series of key pathologies—including, violence, intimidation and discrimination—affect the lives of LGBT+ people. The wider significance of this study lies in highlighting that, while not a replacement for justiciable rights, the discursive processes offered by the UPR are of key significance in seeking to advance LGBT+ rights in countries like Bangladesh where oppression combines with extremism and political elites’ refusal to embrace equality in relation to gender identity and sexual orientation.