In this essay, I will explore how international human rights frameworks can protect the rights of LGBTQ+ individuals while maintaining cultural diversity and respect for local autonomy. The question of whether these frameworks are adequate to meet the needs of all members of society is one that has been raised time and again, especially regarding the intersectionality between sexual orientation and gender identity. The issue has received considerable attention from both academics and activists, who have explored it through various theoretical lenses such as postcolonial theory, critical race theory, queer theory, feminist theory, and Marxist theory.
There is no clear consensus on how best to address it.
Let's consider what exactly constitutes 'queer' identities. According to many scholars, queerness encompasses an array of identities that challenge dominant narratives about sex, gender, and power dynamics within society. It includes those who identify outside heteronormative binaries and norms of male/female or man/woman.
Some people may be transgender, intersex, non-binary, agender, genderfluid, androgynous, bigendered, two-spirit, or third gendered. Others may not fit into any particular category but still experience marginalization based on their sexuality. In addition, some queer individuals may feel a sense of community with other queer individuals without necessarily identifying themselves as part of that group.
The next step in understanding this topic is examining the history of human rights law and its relationship to queer identities. While human rights law was originally created to protect individuals against state violence, it soon became apparent that many countries were violating basic human rights by criminalizing homosexuality or refusing to recognize same-sex relationships. This led to a wave of activism and advocacy for greater recognition of LGBTQ+ rights internationally. The United Nations Declaration of Human Rights, which was adopted in 1948, was a key milestone in this process, including language recognizing the right to privacy and freedom from discrimination based on race, color, religion, sex, and national origin.
It did not explicitly address sexual orientation or gender identity until much later.
Several international treaties have been signed that specifically address LGBTQ+ issues, such as the Yogyakarta Principles (2006), the UN High Commissioner for Human Rights' Report on Sexual Orientation and Gender Identity Discrimination (2011), and the International Covenant on Civil and Political Rights. These frameworks recognize the rights of LGBTQ+ individuals to live free from discrimination, harassment, and violence and establish guidelines for states to uphold those rights. They also include provisions to ensure that transgender people can access legal recognition and medical care. Despite these advancements, some argue that they undermine local autonomy and cultural values by imposing a Western conception of what constitutes acceptable behavior. Others contend that they are necessary to protect vulnerable populations globally who face systemic oppression due to their sexual orientation or gender identity.
Can international human rights frameworks protect queer individuals without undermining local autonomy?
The protection of international human rights frameworks can play an important role in safeguarding the rights of queer individuals but there are concerns that it may also pose challenges for local autonomy. On one hand, these frameworks provide guidelines for states to follow when creating laws, policies, and practices related to sexual orientation and gender identity.