The Right to Equality and Non-Discrimination of the LGBT Community. A Comparison Between the United States and Kenya


Book Description

Bachelor Thesis from the year 2017 in the subject Politics - Topic: Public International Law and Human Rights, grade: 70.00 (A), , course: Law, language: English, abstract: This paper shall seek to discuss if the LGBT community has rights that are equal to those of heterosexual beings. It shall also extensively discuss the right to equality and freedom from discrimination of Lesbians, Gay, Bisexual and Transgender. Consequently, this paper shall focus in depth on the religious, political, social, cultural views in the United States, Kenya and other various countries around the globe. In addition, this study shall seek to discuss the international and regional framework of LGBT rights in the United States, Kenya and other countries around the world. Moreover, this study shall analyze the role of the courts both in the United States and Kenya. It shall seek to discuss why such rights are discriminatory and if Kenya should adopt the position as other countries that have passed the laws governing the LGBT community and to ensure the protection of the LGBT community. This research paper shall be based on desk study. The study will look into the International Bill of Rights, the Supreme Law of Kenya, The constitution of Kenya 2010 and other relevant legislative enactments, case law, historical studies, newspaper articles and also at interviews carried out by other researchers.




British Colonialism and the Criminalization of Homosexuality


Book Description

British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.




Equality of Opportunity for Sexual and Gender Minorities


Book Description

Despite legal and social advances in the past two decades, sexual and gender minorities continue to face widespread discrimination and violence in many countries. This discrimination and violence lead to exclusion, which adversely impacts their lives, as well as the communities and economies in which they live. A major barrier to addressing this stigma and sexual orientation and gender identity(SOGI)-based exclusion is the lack of SOGI-specific data. Robust, quantitative data on di‚fferential development experiences and outcomes of sexual and gender minorities--especially those in developing countries--is extremely thin. This paucity of data jeopardizes the achievement of the Sustainable Development Goals and countries' commitment to the principle of 'leaving no one behind' in the eff‚ort to end poverty and inequality. 'Equality of Opportunity for Sexual and Gender Minorities' assesses the unique challenges that sexual and gender minorities face in six important areas: (i) Criminalization and SOGI (ii) Access to education (iii) Access to the labor market (iv) Access to public services and social protection (v) Civil and political inclusion (vi) Protection from hate crimes. This report cov‚ers numerous policy recommendations to prevent and eliminate discriminatory practices in all of the areas covered. It also seeks to inflŽuence legislative changes and support research on institutions and regulations that can ultimately lead to poverty reduction and shared prosperity. At the same time, it acknowledges that the mere existence of inclusive laws and regulations does not ensure that sexual and gender minorities are free from discrimination--the enforcement of those laws is crucial. This publication, the first in a series of studies, will be expanded from the 16 countries included here to a wider set of countries for more in-depth quantitative analysis and to identify possible correlations with socioeconomic outcomes. It will seek to deepen knowledge, facilitate peer learning of good practices, and encourage reforms to increase the inclusion of sexual and gender minorities.




Over the Rainbow? The Road to LGBTI Inclusion


Book Description

Discrimination against LGBTI people remains pervasive, while its cost is massive. This report provides a comprehensive overview of the extent to which laws in OECD countries ensure equal treatment of LGBTI people, and of the complementary policies that could help foster LGBTI inclusion.




The Pink Line


Book Description

One of TIME's 100 Must-Read Books of 2020. Longlisted for the 2021 Rathbones Folio Prize. "[Mark] Gevisser is clear-eyed and wise enough to have a sharp sense of how tough the struggle has been, and how hard it will be now for those who have not succeeded in finding shelter from prejudice." --Colm Tóibín, The Guardian A groundbreaking look at how the issues of sexuality and gender identity divide and unite the world today More than seven years in the making, Mark Gevisser’s The Pink Line: Journeys Across the World’s Queer Frontiers is an exploration of how the conversation around sexual orientation and gender identity has come to divide—and describe—the world in an entirely new way over the first two decades of the twenty-first century. No social movement has brought change so quickly and with such dramatically mixed results. While same-sex marriage and gender transition are celebrated in some parts of the world, laws are being strengthened to criminalize homosexuality and gender nonconformity in others. As new globalized queer identities are adopted by people across the world—thanks to the digital revolution—fresh culture wars have emerged. A new Pink Line, Gevisser argues, has been drawn across the globe, and he takes readers to its frontiers. Between sensitive and sometimes startling profiles of the queer folk he’s encountered along the Pink Line, Gevisser offers sharp analytical chapters exploring identity politics, religion, gender ideology, capitalism, human rights, moral panics, geopolitics, and what he calls “the new transgender culture wars.” His subjects include a Ugandan refugee in flight to Canada, a trans woman fighting for custody of her child in Moscow, a lesbian couple campaigning for marriage equality in Mexico, genderqueer high schoolers coming of age in Michigan, a gay Israeli-Palestinian couple searching for common ground, and a community of kothis—“women’s hearts in men’s bodies”—who run a temple in an Indian fishing village. What results is a moving and multifaceted picture of the world today, and the queer people defining it. Eye-opening, heartfelt, expertly researched, and compellingly narrated, The Pink Line is a monumental—and urgent—journey of unprecedented scope into twenty-first-century identity, seen through the border posts along the world’s new LGBTQ+ frontiers.




In the Spirit of Harambee


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Global Perspectives on the LGBT Community and Non-Discrimination


Book Description

In at least seventy-one countries in the world, there are national laws that criminalize same-sex relationships between consenting adults. In at least nine countries around the globe, national laws target and criminalize transgender and gender non-conforming persons. In some jurisdictions, the penalty for identifying as a part of the LGBT community is death. The debate in jurisdictions where being an LGBT person is a crime is typically that same-sex sexual relationships are “unnatural.” In jurisdictions where anti-gay laws persist, the rights of LGBT persons are not considered as human rights, and the rationale for criminalizing same-sex sexual activity is that it is “immoral” and “sinful.” Global Perspectives on the LGBT Community and Non-Discrimination offers perspectives on the rights of sexual minorities and discrimination. In several countries, consensual sexual activity in private amongst adults of the same gender is still criminalized. This book seeks to examine the social, cultural, religious, and political issues that influence anti-gay laws in juxtaposition with the need to protect the rights of the LGBT community. Covering topics such as LGBT child adoption rights, minority stress, and freedom from discrimination, this premier reference source is a dynamic resource for sociologists, anthropologists, government officials, policymakers, lawmakers, human rights advocates, non-profit organizations, libraries, students and faculty of higher education, researchers, and academicians.




Equality and Non-Discrimination under International Law


Book Description

The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.




"Let Posterity Judge"


Book Description

"This report shows how the lack of clarity about the legal status of same-sex conduct leaves LGBT people vulnerable to arbitrary arrests, physical violence, and routine discrimination. The justice minister issued a moratorium on arrests for adult consensual same-sex conduct in 2012, but there are divergent views about its legality."--Publisher website.




Out in the open


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