There is much debate about how to define "queerness" and its associated identities, as they vary widely across cultures and time periods.
Some scholars argue that queerness is an identity created out of colonialism and imperialism, while others believe it has existed throughout history. The idea of queer can be applied to any identity outside of heteronormativity - including those who identify as gay, lesbian, bisexual, transgender, nonbinary, pansexual, asexual, demisexual, omnisexual, polyamorous, genderfluid, genderqueer, agender, intersex, etc.
These labels are problematic because they suggest that all queers have similar experiences and needs, which ignores the diversity within LGBTQ+ communities. This essay will explore how global human rights frameworks address the plurality of queer experiences beyond Western paradigms.
The Universal Declaration of Human Rights (UDHR) recognizes sexual orientation as a basic right protected under international law. It states that everyone has the right to life, liberty, security of person, freedom from slavery or servitude, freedom from torture or cruelty, fair trial, privacy, property ownership, marriage, family, education, and religion. Article 12 protects marriage as a fundamental human right, regardless of sex, race, color, or creed. This suggests that queer couples should have access to legal recognition and benefits such as adoption, health insurance, tax breaks, and social protection. But not all countries recognize same-sex marriage, so this article only applies in places where it is permitted. Some conservative governments also use religious beliefs to justify denying equal marriage rights for LGBTQ+ people.
India's Supreme Court ruled that homosexuality was illegal until 2018, citing Hindu scriptures.
Queer activists argue that the UDHR does not adequately address their diverse needs due to its focus on individualistic concepts like freedom of speech and expression. They also criticize the lack of mention of gender identity and intersex bodies, as well as the absence of reproductive rights, including abortion, assisted reproduction, and transgender parenthood. The UDHR fails to acknowledge systemic oppression based on class, disability, ethnicity, nationality, or age. These groups often face discrimination when accessing healthcare, employment, housing, education, and other public services.
The UDHR does not explicitly prohibit discrimination against non-binary genders - which are outside the binary of male/female - nor does it provide specific protections for sexual minorities who may experience different forms of violence than heteronormative people.
The Yogyakarta Principles (YP) were developed by international human rights experts in 2006 to expand upon the UDHR's coverage of queer experiences globally. They address issues such as access to education, employment, housing, healthcare, and political participation. Article 4 states that everyone has a right to privacy regarding their sex life, including consensual sexual practices between adults. This suggests that consent is an important factor in determining what constitutes "normal" relationships. It also recognizes same-sex marriage as a fundamental right but only applies where legalized.
Some countries criminalize homosexuality, so these principles cannot be fully implemented until they change their laws.
Queer activists have criticized the YP for its narrow scope because it focuses primarily on Western models of family structure and ignores traditional gender roles within non-Western societies. Some cultures view non-heteronormativity as unnatural or deviant, leading to stigma and marginalization.
Being LGBTQ+ can lead to exclusion from religious communities, disinheritance from families, loss of job opportunities, physical violence, and imprisonment. These groups often face additional barriers due to intersecting identities like race, class, religion, ability status, age, etc., which further complicate their lives. The YP does not explicitly address these complexities but instead promotes individualistic solutions like coming out publicly or seeking therapy.
The African Charter on Human and Peoples' Rights (ACHPR) was adopted in 1981 by the Organization of African Unity to protect human rights across the continent. Its Article 20 guarantees the right to respect one's dignity, personality, private and family life - without discrimination based on sex, race, color, ethnic group, origin, religion, political opinion, mental health, social condition, or disability. This suggests that queers should enjoy similar protections regardless of sexual orientation or identity. It also recognizes same-sex marriage as a fundamental human right, but only applies where legalized. Queer activists argue that this charter is problematic because it does not acknowledge colonialism's role in creating homophobia and transphobia on the continent. Many countries still have laws banning sodomy, anal intercourse, cross-dressing, and public displays of affection between same-sex couples.
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How does the global human rights framework address the plurality of queer experiences beyond Western paradigms?
The global human rights framework has been criticized for its failure to adequately address the unique needs and experiences of queer individuals outside of Western cultural contexts. This is particularly true when it comes to issues such as marriage equality, adoption rights, and access to healthcare services. The conceptualization of gender and sexuality within the framework tends to be limited by heteronormative assumptions that do not reflect the diversity of identities and expressions found across different cultures and regions.