Minority Sexual Orientation Paper

INTRODUCTION

Throughout the world, people who identify as lesbian, gay, bisexual and transgender (LGBT) have been subjected to continual discrimination and prejudice. Religious and cultural norms have proven hostile to communities who do not conform to societal standards. This essay will analyse the way in which people of minority sexual orientation or gender identity are vulnerable to human rights violations. This paper will first define these terms and how they apply to the populace. It will then analyse how the power of the state is utilized to censor and criminalise the existence of the LGBT community and how discrepancies in relationship statuses and the allocation of government benefits systematically disadvantage the gay and transgender

Sexual orientation envelopes an “inherent or immutable enduring emotional, romantic or sexual attraction to other people.” Hence people who identify as same-sex attracted or bisexual are considered to be of a minority sexual orientation status. Gender identity concerns how one perceives themselves in relation to their “innermost concept of self as male or female.” People who identify as transgender are thus classed as being part of a minority gender identity status. This paper will base itself upon these

Many believe such instances violate the right of people to live in happiness without the fear of unjust and unwarranted persecution. As of 2017, the Guardian has reported that over 70 countries currently criminalise gay relationships and sexual intercourse between adults of the same gender. The article further noted that “there are eight countries in which homosexuality can result in a death penalty.” Such laws purposely victimize same-sex attracted individuals by assigning criminal sanctions to the very essence of their existence and relationships. Gerber contends that the criminalisation of homosexuality undermines human rights, she asserts “the UN has…affirmed that sexual orientation and gender identity are captured by the term ‘or other status’ in Article 2 (of the International Covenant on Civil and Political Rights [‘ICCPR’]).” Moreover whilst some states may not explicitly prohibit homosexual behaviour, many inadvertently alienate and interdict the LGBT community through ‘anti-propaganda’ or ‘morality’ laws. An interesting case study exists in Russia, which authorized legislation outlawing the promotion of “homosexuality among people under 18.” Wilkinson contends that the Russian anti-propaganda law “actively aims to limit the human rights of groups who do not comply with (traditional) values