Sexual Minorities and Human Rights Sarah Colegrove POS 330N: Human Rights and International Law 11/20/2012

SEXUAL MINORITIES AND HUMAN RIGHTS Sexual Minorities and Human Rights

Malik realized in high school that he was different. Unlike the guys he hung out with, he was not attracted to girls but rather to guys. This could not be possible. Malik had just started to attend church with a friend and he was told that homosexuality was an abomination. Everyone who was homosexual would go to hell. Malik decided to suppress his attraction and kept it to himself. Several years later, Malik realized that he could no longer suppress who he was. After much prayer, contemplation, and research, Malik made peace with God about his sexual orientation. But how was he going to tell his friends (and the girlfriend he had) that he was gay? His girlfriend took it surprisingly well and they remain close friends to this day. However, the next couple of people he told (friends he thought he could trust completely) rejected him. One friend in particular told him that he was sinning and that he should try to be straight. The friend broke off their friendship and no longer contacted Malik. Another close friend became scared to be alone with Malik. Malik became depressed and suicide was not completely out of the question. After dealing with depression for almost a year, Malik told some other friends. He just had to find someone to confide in that would not reject him. Surprisingly, these friends accepted him wholeheartedly and without question. When Malik became true to himself and accepted the fact that he was gay, he opened himself up to hate, discrimination, and pain (Anonymous, 2012). In almost every state in the United States (and many countries around the world) he would not be able to marry if he ever fell in love. He would not be able to adopt children or become a foster parent. He could face discrimination from his employer. He could face unfair housing policies that could keep him from purchasing or renting the place he desires (Newton, 2009). He could be the victim of a hate crime but it would not be labeled as a hate crime. He could be killed or imprisoned for life in several countries around the world if he told people that he was gay or was

SEXUAL MINORITIES AND HUMAN RIGHTS

caught having sex (Amnesty). Why? What did he do wrong that would cause him so much pain? The idea of human rights has been a widely debated topic. What constitutes a human right? Many people would consider the right to life, health, and work to be human rights. What about rights pertaining to sexual orientation? Throughout the world, many countries have practices and laws that deny sexual minorities from full and equal rights (and in fact commit many human rights violations against them) (Human Rights Education, 2012). Sexual minorities should be given the same and equally upheld rights as the sexual majority; they should be allowed to become full members of society, and should not be discriminated against solely because of their sexual orientation. Governments need to legally recognize that sexual minority groups have the same human rights as the sexual majority. Magnitude It is difficult to determine the magnitude and scale of how many people are affected by the government not recognizing the human rights of sexual minorities. This is because many people are scared to let others know what their sexual orientation truly is. The religious right also plays a role. In many different religions, religious leaders have called homosexuality an abomination. This has influenced religious individuals to not think about, or even admit to themselves that they are homosexual, let alone tell others that they are homosexual. It is highly unlikely that we will ever find out how many people belong to a sexual orientation group until society changes to be more accepting (Human Rights Campaign). Recently, Uganda has tried to pass a law that would criminalize homosexuality. Those found forcibly engaging in homosexual acts (forcibly meaning rape, pedophilia, etc.) would be sentenced to death. Those found engaging in a homosexual act, where all parties involved were

SEXUAL MINORITIES AND HUMAN RIGHTS consenting, would be imprisoned for life. Every citizen is required to report to the government every lesbian, gay, or bisexual person in the country that they know; otherwise they could also

face imprisonment (Goodman & Gonzlez, 2012). In 2009 in Malawi, a homosexual couple was sentenced with fourteen years imprisonment for being publicly engaged. An official from Norway said, Norway regrets that conviction of the Malawian couple Tiwonge and Steven. It is unacceptable that they are being punished for wanting to live together in a loving relationship. (Norway, 2010) According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (2009), homosexual acts are illegal in 78 countries, and if caught imprisonment is a very real possibility. In five countries, as well as part of Nigeria and Somalia, people caught in homosexual acts can be killed. In the 113 countries that either allow, or have no laws outlawing homosexual acts, 15 countries have un-equal ages of consent for those who engage in homosexual sex and those who engage in heterosexual sex. In Benin, Since a 1947 amendmentfixed a general age limit of 13 for sex with a child of either gender, but the third paragraph [of the amendment] has penalized any act that is indecent or against nature if committed with a person of the same sex under 21. (Itaborahy, 2012) Violence for those in the sexual minority has increased. Women have been raped repeatedly to cure them of their lesbianism. Cruel and demeaning language has become a part of our society (much of this language has come from the religious right). Rev. Fred Phelps of Kansas routinely and cruelly protests at the funerals of AIDS victims with signs declaring, GOD HATES FAGS. (Allen, 1999 p. 67) A religious group calling itself STRAIGHT (Society to Remove All Immoral Gross Homosexual Trash) has dedicated itself to the cause of a fag free America, and a Southern Baptist leader has threatened the wrath of God on our nation if the government pursues civil rights for homosexuals. (Fone, 2003 p.72) Matthew Shepherd is one

SEXUAL MINORITIES AND HUMAN RIGHTS of several that were brutally killed in the United States because he was gay. Suicide is fairly common in the sexual minority because many are so cruelly harassed (physically and verbally)

and excluded from society. There is a large population of homeless children and teens who were kicked out of their house by their parents because they were not heterosexual. For some, the shelters (often with religious ties) nearby will not accept them because they are not normal and are an abomination (Human Rights Campaign, 2012). Human Rights and the Government Human rights have been defined as rights that are granted to everyone just because they are human. These rights are not dependent on who the person is or what they have done. If their rights were dependent, then they would no longer be considered rights. The Universal Declaration of Human Rights (United Nations) says, Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (p. 225) Sexual orientation is not included in the above, and has yet to be formally recognized by the United Nations as an area where human rights violations occur. There are three different ways assertive exercise, active respect, and objective enjoyment in which society and the human rights interact. Assertive exercise is the right is exercisedactivating the obligations of the duty-bearer. (Donnelly, 2003 p. 9) Sexual minorities attempt to work (which claims the right to work) and the government and employers are required to respond. They can either respond by allowing and validating the sexual minorities right to work or they can respond by denying the right to work, which will violate their human right to work (Donnelly, 2003).

SEXUAL MINORITIES AND HUMAN RIGHTS Active respect is the duty-bearer takes the right into account in determining how to behave, without it ever being claimed. (Donnelly, 2003 p. 9) Sexual minorities are given the right to work which the government and employers recognize the right. Enforcement action, whether to grant or deny the right, does not come into play (Donnelly, 2003). Objective enjoyment is rights apparently never enter the transactionneither rightholder nor duty-bearer gives them any thought. (Donnelly, 2003 p. 9) Sexual minorities have the right to work and the government and employers know that they have that right. The goal is

to someday reach the point where all human rights, especially those involving sexual minorities, involve objective enjoyment instead of engaging in assertive exercise. Reaching this point would mean that we have reached a point in our society where we do not have to think or worry about human rights that might be violated. Rather no violations occur (or they do so rarely) that we do not actively think about the fact that something, like the right to work, is a human right. Once we reach this stage, the human rights for all have become an accepted part of society (Donnelly, 2003). Universalism Some would argue that human rights do not have a universal interpretation and implementation but rather a multiculturalist understanding and implementation. Universalism would suggest that human rights are the same for everyone everywhere while multiculturalism would suggest that there can be variations among cultures in terms of rights. Western culture and non-western cultures have different interpretations of what is due to a human simply, because they are a human. Individualism and rights pertaining to the individual are much more dominant in Western culture. In non-Western cultures, the emphasis is placed on the community and rights

SEXUAL MINORITIES AND HUMAN RIGHTS for the community. Sexual orientation transcends culture and is not a new phenomenon isolated in the West. Throughout history there has been evidence of sexual minorities and same-sex

couples, such as in Greece or China during the Ming Dynasty. Because sexual minorities are not isolated just to the west, there should be a more universal approach to human rights that involve sexual minorities. The same human rights that are granted to the community or individual of the sexual majority also need to be granted to the sexual minority. There should not be a distinction between the human rights recognized by the government for people of differing sexual orientations (Donnelly, 2003). NGOs Effect Non-governmental organizations (NGOs), such as Amnesty International or the Human Rights Campaign, play a role in how the international community handles a human right. NGOs help to protect the minority groups and make sure that their human rights are recognized by the government and validated. NGOs help to bring attention to a human rights violation that would have otherwise gone mostly unnoticed. If the Human Rights Campaign (2012) did not have several articles about homeless LGBT children and teens (many of whom get kicked out by their parents), many would not know about it since the major media outlets do not report on the issue. NGOs can solidify people into a group for change or provide funding for change. They can help to set goals for government and push legislation for protection so that human rights do not get violated. The Human Rights Campaign (2012) actively pursues the end of hate crimes perpetrated against sexual minorities through protests and by putting pressure on government officials. The recent victories in Maine, Minnesota, Maryland, and Washington for the same-sex marriage (or to vote down a ban on same-sex marriage in Minnesota) were victories that resulted from the efforts of NGOs (Human Rights Campaign, 2012).

SEXUAL MINORITIES AND HUMAN RIGHTS Human Rights and Foreign Policy There are three main arguments about incorporating human rights into foreign policies: realist, statist (legalist), and relativist (pluralist). For the realist, power, the accumulation and retention of power, are the main concern. A realist would argue against the recognition of rights for the sexual minority if it did not give the state power or further the interests of the state. This viewpoint, if adopted by every country across the globe, could make it much more difficult to

pursue human rights. If countries had different interests or power dynamics to consider, they will be much more hesitant to work on a global scale with foreign policy to spread the recognition of human rights for sexual minority groups (Donnelly, 2003). For the statist, sovereignty is crucial. The statist would not have human rights on the agenda of foreign policy at all, unless all of the sovereign nations involved unanimously decided that they need to be pursued. Nonintervention guides their actions because they respect the sovereignty and self-determination of other nations so much. For the relativist, each nation-state should be allowed to choose their path (Donnelly, 2003). The statist would not intervene in areas where sexual minorities are being denied their rights by the government. Rather, they would respect the sovereignty of other nations and allow that nation to solve their problems from within. The relativist stresses that each nation-state needs to determine their form of government and values without outside coercion. The only time another nation-state can impose anything on another nation is if it is something that they had already agreed to. An example would be if a nation agreed to the UNs Declaration of Human Rights but was not following through with it, another nation could try to move that nation back to following the declaration. The relativist

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argument usefully reminds us that universal standards need to be tailored in their implementation to reflect particular cultural and historical circumstances. (Donnelly, 2003 p. 159) The relativist would not want their country to intervene in another, even if the human rights of the sexual minority are being denied, unless that country had previously agreed to some sort of standard to run their government by. These three different views on nation-states and human rights are not adequate. There is another way to pursue change so that governments will recognize the human rights of sexual minority groups civil society. Change for You and Me The solution that seems the most viable to changing the human rights violations that sexual minorities face is to change the mindset of people. Through meaningful discourse and transformative dialogue with others, we can help to change how people view sexual minorities. Putting a face to sexual minorities and interacting with people who identify themselves as belonging to a sexual minority can change how people feel. Some of my closest friends are homosexual. Because I know them, and have a very personal relationship with them, that influences how I feel about sexual minorities in general. If I did not have close friends who belong to a sexual minority, I might not be as passionate about the legal recognition of human rights extending to everyone, regardless of sexual orientation. Having a connection to an issue can drastically change how people feel about an issue. Having transformative dialogue and meaningful discourse does not mean that the ideas prevailing will be entirely of Western thought. Rather it will be a way for people to come together, exchange ideas and life experiences, to find a solution to this lack of legally recognized human rights for sexual minorities for their particular country or culture. This will allow civil society to take a much larger role which can help to truly change the beliefs and practices, rather than starting with legislation that could feel completely

SEXUAL MINORITIES AND HUMAN RIGHTS pointless for much of the population.

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Sexual minorities face human rights violations throughout the world on a consistent basis as governments have not recognized the fact that sexual minorities have the same human rights as the sexual majority. This needs to be changed so that sexual minorities can become full members of society that no longer face restrictions on entry into society just because they belong to a sexual minority group. We are the agents of change and need to step in that role before more people, like Malik, contemplate (or go through with) suicide because society rejects them and their humanness.

SEXUAL MINORITIES AND HUMAN RIGHTS Endnotes Sexual Minorities for the purposes of this paper will refer to Lesbian, Gay, Bisexual,

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Transgender, and Queer sexual orientations and relationships within these minorities are between two consenting individuals. This is not to be confused with other sexual orientations that are also minorities such as pedophilia and bestiality. Introduction based on a conversation with a friend. Name was changed because the friend asked for anonymity. Majority and Minority, in this paper, refer to the distribution of power and influence and not the population size of the groups.

SEXUAL MINORITIES AND HUMAN RIGHTS Works Cited Allen, B. R. (1999). Homosexuals are an oppressed minority. Homosexuality (pp. 61-69). San Diego: Greenhaven Press, Inc.

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Amnesty International. (2012). Sexual orientation and gender identity. Retrieved November 18, 2012, from http://www.amnesty.org/en/sexual-orientation-and-gender-identity Anonymous. Interview. September 27, 2012. Donnelly, J. (2003). Universal human rights: In theory & practice (2nd ed.). Ithaca, NY: Cornell University Press. Fone, B. (2003). Discrimination against gays and lesbians is a serious problem. Homosexuality (pp. 70-77). San Diego: Green Haven Press. Goodman, A., & Gonzlez, J. (2012). International uproar over Uganda anti-gay bill, study finds American evangelicals encouraging homophobia. Retrieved November 20, 2012, from http://www.democracynow.org/2010/3/25/international_uproar_over_uganda_anti_ gay?gclid=COPfkJvj3LMCFa59Ogod9GgAEQ Human Rights Campaign. (2012). Retrieved 10/30, 2012, from www.hrc.org Human Rights Education Associates. Sexual orientation and human rights. (2012). Retrieved November 18, 2012, from http://www.hrea.org/index.php?doc_id=432 International Lesbian, Gay, Bisexual, Trans and Intersex Association. (2009). Retrieved November 18, 2012, fromwww.igla.org Itaborahy, L. P. (2012). State-sponsored homophobia: A world survey of laws criminalising

SEXUAL MINORITIES AND HUMAN RIGHTS same-sex sexual acts between consenting adults. International Lesbian, Gay, Bisexual, Trans and Intersex Association. Newton, D. E. (2009). Gay and lesbian rights (2nd ed.). Santa Barbara, CA: ABC-CLIO. Norway concerned about prison sentence for homosexuality. (2010). M2PressWIRE United Nations. The universal declaration of human rights. Retrieved November 18, 2012, from http://www.un.org/en/documents/udhr/index.shtml

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