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WHY SEXUAL AUTONOMY AND PRIVACY MATTER IN JOHN RAWLS THEORY OF JUSTICE FOR THE LGBT COMMUNITY

3 min read Queer

Contemporary theories of justice

Theories of justice are essential to understanding how societies can ensure fairness and equitable treatment among all members. These theories have evolved over time to reflect changing social norms and expectations.

They often fail to consider systemic inequalities that limit access to basic human rights for minority groups such as the lesbian, gay, bisexual, and transgender (LGBT) community. In this context, it is crucial to explore how contemporary theories of justice should address issues surrounding sexual autonomy and privacy for LGBT individuals.

Let's examine the concept of justice itself. Justice refers to the fair and impartial treatment of individuals according to their actions, merits, and circumstances. It implies treating everyone equally regardless of their identity, beliefs, or background. According to John Rawls, an American philosopher, justice involves respecting individual rights and ensuring that society operates within its agreed rules without discrimination. This means that people must be treated fairly even when making decisions about public goods, including healthcare, education, employment, and other benefits.

Justice also encompasses the principle of equality before the law, which requires equal protection under the law irrespective of one's race, gender, religion, ethnicity, class, or sexual orientation.

Some contemporary theories like utilitarianism and egalitarianism emphasize economic redistribution rather than equality of opportunity. The former considers maximizing overall happiness while the latter prioritizes equality of resources and opportunities. While these approaches may seem relevant to economic and political systems, they do not adequately address sexual autonomy and privacy concerns faced by LGBT individuals.

Sexual autonomy and privacy

Sexual autonomy and privacy are critical components of human dignity that must be protected in a just society. These include freedom from unwanted sexual advances, harassment, violence, and exploitation. In addition, they involve protecting intimate relationships between consenting adults free from interference.

The right to marry is fundamental for many LGBT individuals who desire to express their love and commitment openly. Unfortunately, this has been denied to them due to legal and social barriers that deny recognition of same-sex unions.

Sex work is another issue affecting LGBT individuals whose livelihood depends on it. Some countries criminalize homosexuality while others permit prostitution. This creates confusion as LGBT sex workers risk arrest or blackmail if they reveal their identity. Similarly, transgender individuals face difficulties accessing basic healthcare services related to gender transitioning and hormonal therapy due to lack of understanding and acceptance in the medical community.

Addressing systemic inequalities

To address these issues, contemporary theories of justice should incorporate sexual autonomy and privacy into their frameworks. They must recognize the rights and freedoms of all individuals regardless of their sexual orientation or gender identity. One way to achieve this is through legislation that recognizes same-sex marriage and prohibits discrimination based on sexual orientation.

Laws that decriminalize homosexuality and protect privacy in online spaces where personal information may be shared can enhance safety for LGBT people.

Providing adequate healthcare coverage for transgender individuals can improve their quality of life and reduce stigma associated with gender nonconformity. Increasing awareness about LGBT communities through education and media campaigns will promote tolerance and acceptance among the general public.

Ensuring access to reproductive rights and contraception services without discriminating against LGBT individuals is essential for sexual wellness and autonomy.

How should contemporary theories of justice address the systemic inequalities that restrict sexual autonomy and privacy for LGBT individuals?

Recent research on the role of social factors in shaping attitudes towards homosexuality has highlighted the importance of cultural norms in determining how people perceive and treat nonheteronormative sexual orientation (Nguyen et al. , 2019). Contemporary theories of justice need to acknowledge these inequalities by focusing not only on legal protections but also on changing perceptions about LGBT individuals as equal members of society.

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