Human rights of LGBTQI+ persons, laws and legislation (Reading)
In order to work successfully with LGBTQI+ persons, it is very important to be well informed and aware of all aspects concerning their everyday life, including legislation. This does not mean that a professional working with LGBTQI+ persons must be a legal expert on human rights, yet it is helpful to have an overview of the state of rights of LGBTQI+ persons globally – how it is on one’s continent and over the world.
The reason for this is that each professional working with LGBTQI+ persons, regardless of their field of expertise and/or work, essentially informs and sensitizes both LGBTQI+ persons and the general public regarding various topics: the state of human rights, the history of LGBTQI+ movement, queer culture etc. For instance, a professional may be working with a lesbian/gay/bisexual or transgender person who has no knowledge about any of these topics, perhaps has no one to ask, so learning about them may be of great importance for that persons and their personal growth. Also, in terms of informing the public, a professional working with LGBTQI+ persons will sooner or later be asked about a variety of topics connected to the LGBTQI+ spectrum, while human rights are somewhat most commonly known and it is expected from a professional to provide valid information.
The legislative frame of the human rights of LGBTQI+ persons varies drastically in different regions: only 9 UN states contain constitutional provisions that specify sexual orientation (not necessarily gender identity/expression) in their discrimination protections while in 72 countries being gay or being accused of being gay leads to criminal penalties (prison) and in 9 countries there is a death penalty for it. A professional working with LGBTQI+ persons can learn about these topics either from local LGBTQI+ organisations or international bodies – for instance, the European Union Agency for Fundamental Rights has conducted extensive research about the state of the human rights of LGBTQI+ persons in Europe (in 2012 and 2019). ILGA-Europe (an independent, international non-governmental umbrella organisation) publishes annually Rainbow Europe, which ranks 49 European countries on their LGBTQI+ equality laws and policies. All the data is available on their web pages.
Handout – Some of the basic human rights of LGBTI+ persons that are threatened across the globe● Right to Life: the only right not threatened directly in Europe, but it is in other regions; ● Right to Equality and Non-discrimination: LGBTQI+ persons are discriminated in many areas: in access to social and health care, in protection from violence, in housing, public spaces etc; ● Right to liberty and personal safety; ● Right to work: LGBTQI+ persons often experience insults, harassment in the workplace, denial of promotion, poorer working conditions, and poorer pay; ● Right to education: Textbooks and learning materials with discriminatory statements against LGBTQI+ people, non-existent human rights education, LGBTQI+ students exposed to insults and abuse from other students (but also teaching staff), hiding their sexual orientation or gender identity, etc. ● The right to marry and the right to found a family: unavailable for LGBTQI+ persons in most countries; ● Freedom of assembly: for instance, Gay Pride but also other forms of protesting are not possible or receive negative reactions from the public. |
