The appropriation of the human rights framework as a central vehicle for political claims has allowed LGBT rights to move into the “mainstream” (Wilson, 2008: 73), signifying a considerable shift in the political agendas of social movements concerned with LGBT politics.The drafting and signing of the Declaration of Montreal (International Conference on LGBT Human Rights, 2006) and the Yogyakarta Principles of the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity (Correa and Muntarbhorn, 2007; hereafter Yogyakarta Principles) can be said to derive from, and epitomise a “significant acceleration and intensification of international struggles by LGBT movements” (Kollman and Waites, 2009: 1).They are fundamental norms that protect all persons everywhere from grave political, legal and social violations (Nickel, 2014: online).
It would be both naïve and erroneous to assume that all identities are sufficiently represented by LGBT: additional letters such as I for intersex, A for asexual and Q for queer and/or questioning are “added with increasing frequency” (Wilkinson and Langlois, 2014: 251).
As a result, international organizations and institutions have adopted ‘sexual orientation’ and ‘gender’ (SOGI) in an attempt for a more inclusive, culturally neutral term.
I then proceed to utilize the queer framework as set out in chapter 1 in order to problematize the concepts of LGBT, ‘sexual orientation’ and ‘gender identity’.
In the final chapter, I focus on only one aspect of the ‘global’ LGBT rights movement, specifically the pursuit of same-sex marriage.
As such, queer theory calls into question the universality of human rights, alongside assumptions about the state as guarantor of freedom, and asymmetric power relations in a deeply unequal yet increasingly globalized world.
Essay Human Human International Law Orientation Right Right Sexual
Nevertheless, whilst it is imperative to constantly challenge the regulatory and exclusionary aspect of human rights, rather than abandoning the concept I would suggest that the human rights framework provides the most effective means available for advancing the political claims of LGBT persons.
Key to this are the following questions: I will draw principally on queer theory, as well as normative political theory, as a vehicle for critical engagement for conceptualising LGBT rights as Human Rights.
By drawing upon queer theory and its destabilizing social and political critiques, I argue that queer analysis provides important insights into the contradictions inherent not only in LGBT politics, but also the international structure itself, in which the wider human rights discourse is embedded.
There are unusually few criteria for determining when the term is used correctly and when incorrectly – and not just among politicians, but among philosophers, political theorists, and jurisprudents as well.
The language of human rights has, in this way, become debased.” (Griffin, 2008: 14) Human rights have become the dominant paradigm within which moral and legal claims are pursued.