Sexual Orientation and Gender Identity Rights

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Sex Definition
Biological differences related to reproductive system, male or female
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Gender Definition
Social categorisation of roles in society, man or woman
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Gender Identity Definition
Deeply felt internal and individual experience of gender, personal sense of the body and other experiences of gender
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Transgender
When someone's gender is different to that which matches their sex and was assigned at birth.
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Non-binary
Someone who doesn't identify as either a man or a woman. Preference for the pronouns they/them
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Gender Fluid
Someone who doesn't feel they have a fixed gender identity
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Gender non-conforming
Someone who does not conform to gender typical things
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Intersex
When a person has a mix of male and female biological traits. Est. 0.5-1.7% of global population.
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Sexual Orientation
"Is understood to refer to each person's capacity for profound emotional, affectional and sexual attractions to, and intimate and sexual relations with a person of a different, same or more than one gender.
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Homosexual/heterosexual/bisexual/pansexual
Attracted to someone of the same sex; attracted to someone of the opposite sex; attracted to both sexes; attracted to all genders
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LGBTQIA+
Lesbian, gay, bisexual, transgender, queer, intersex, asexual
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History and Politics
False dichotomy between the West and the rest. Some societies have traditionally been more tolerant of diversity.
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Indonesia (History and Politics)
Burgis - recognise 5 genders
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Native Americans (History and Politics)
Dineh - recognise 4 genders
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South Asia (History and Politics)
Hiira people are recognised as a third gender
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Discrimination and violence against LGBTQIA+ people
South Africa's use of corrective **** to 'cure' sexual orientation (Brown, 2012); Tajikistan's creation of a list of gay citizens required to undergo STI testing; detention of gay men in Egypt; subject to employment discrimination
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Chechnya
2017 'gay purge' (arrests of at least 100 gay men and transgender women who were beaten, forced to do medical tests and humiliated
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(Potential) rejection from friends, family, communities
Not conforming to social expectations, especially when marriage and marital status is significant for social order; bullying; struggles with MH and self-esteem; high suicide rates
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Debates about the rights of trans women vs the rights of cis women
Proposed changes to the 2004 Gender Recognition Act caused controversy, it would allow people to formally change their gender just on self-identification; some feminists voiced concerns over women-only safe spaces; transphobia?
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Galop Hate Crime Report
79% of trans women have experienced hate crime; 16% have experienced sexual violence and 32% have experienced violent crime
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Gender Recognition Act
Criticism because it does not recognise non-binary identities
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Political Homophobia
Homophobia is used as a political strategy in some places. "If you don't vote for me then the other guy will win and legalise homosexuality [and bring society into ruins]" Criminalsiing and jailing opposition members.
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Political Homophobia 2
Using anti-LGBT sentiments to institute broader restrictions on civil society. Tactic for changing the topic and drawing attention away from critical issues and corruption.
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Using Homophobia as a Conscious Political Strategy
Bosnia and Weiss (2013: "a conscious political strategy", a "state strategy, social movement and transnational phenomenon" "purposeful" "embedded in the scapegoating of an other" different from "private, religious and interpersonal sentiments"
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Appadurai
(2006): "promoting the feat of small numbers"
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Protection of Rights
Divisive issue for a long time. The Human Rights Committee decision on Toonen vs. Australia that sexual orientation was a basis for discrimination
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Toonen vs. Australia
(1994): Nicholas Toonen argued that the state of Tasmania prohibiting consensual sex in private between two men was an violation of the right to privacy Article 17 in the ICCPR
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Yogyakarta Principles
Drafted in 2006 by a group of independent experts. Sets out 29 "Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity"
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Yogyakarta Principles plus 10
(2017): International panel of experts. Sets out nine additional principles plus 111 state obligations. Right to life, dignity, equality and non-discrimination, privacy, bodily and mental integrity, freedom from criminalisation
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Special Procedure
(June 2016): UN Human Rights Council, the UN Independent Expert on Sexual Orientation and Gender Identity. 23 states voted in favour, 18 against, 6 abstained. Current mandate holder is Costa Rica
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Special Procedure Controversy
(November 2016): 54 African states circulated a draft resolution at the UN General Assembly calling for consultations on the legality of the mandate. Concern: "non-internationally agreed notions such as SO & GI are given attention"
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Special Procedure Controversy 2 and Result
SO & GI "are not and should not be linked to existing international HR instruments". 77 countries voted against the continuation of the mandate, 84 to keep, 16 abstained. More advancement through domestic and local advocacy than UN
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Uganda
Homosexuality was accepted in Uganda until colonisation and implementation of "Christian values" by the West. Private members bill 2014: Anti-homosexuality Act. Punishment downgraded from death to life imprisonment
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Anti-homosexuality Act Causes
Response to the fear that homosexuality would lead to women overthrowing traditional restraints leading to modernisation and westernisation resulting in the break-up of traditional families and religious beliefs. Increasing religiosity.
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Minister for Ethics and Integrity in Uganda
"**** is more moral than consensual sex between two people of the same gender". "Homosexuality is un-African"
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McKay and Angotti
(2016): Such legislative acts [such as Uganda] are a result of political homophobia-a rhetorical tool used to further the interests on political leaders by gaining popularity and distracting from corrupt behaviour
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Iran
Homosexuality is illegal. A belief that if you are attracted to the same sex then you must be the wrong gender so many are forced to under go gender reassignment surgery. Highest rate of GR surgery in world (except Thailand) (Altman and Symons, 2016)
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Punishment in Iran
Death penalty for men, lashes for women
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Russia
Increasing anti-homosexuality laws and culture under pretence of "preserving Russian values and culture", the promotion of cultural values is popular in Russia. Homosexuality cannot be promoted in schools. Honour killings are common.
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Russia's Reason for Increasing anti-homosexuality laws
Response to the West and frustration at not being considered a leader in the international arena, so rejects Western ideas such as sexual orientation liberalism (DeMaio, 2016). In Cold War homosexuality was something both sides agreed on
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Sochi Olympics (Altman and Symons, 2016)
Introduced new anti-homosexuality bill just before the Olympics which caused a backlash and criticism from the international community, reinforcing that it was Russia vs. the West so even more important to protect Russian culture and values.
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Russian Culture and anti-homosexuality
Seen as a disease. Return to traditional orthodox values and being used as a political tool to reach specific goals (DeMaio, 2017). Russia argues they are "protecting children from the denial of traditional family values"
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Russia, anti-homosexuality and legitimacy
Used to reinforce sense of unique Russian identity and consolidate consensus for the regime and its political choices (such as military intervention) which can have a high cost on people's lives
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Altman and Symons
(2016): Iran and GI surgery; Sochi Olympics; Uganda anti-homosexuality act; homosexuality finally removed from Chinese Psychiatric Illnesses in 2001 and there is a queer scene in big cities but only available to a few & many marry heterosexually
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Bosnia and Weiss
(2013): homophobia as a political tool to delegitimise efforts to advance rights
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Cultural Relativism
Is it Western imperialism? Different cultures and values? Colonialism-introduced "Christian values" e.g. Uganda. East vs. West e.g. Russia
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How many states voted in favour of the UN Independent Expert on Sexual Orientation and Gender Identity?
23
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How many states voted in against the UN Independent Expert on Sexual Orientation and Gender Identity?
18 (6 abstained)
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How many African states circulated the draft resolution to look at the legality of the mandate?
54
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How many states voted against the continuation of the mandate?
77
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How many states voted for the continuation of the mandate?
84
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How many trans people have experienced hate crime
79%
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How many trans people have experience sexual violence?
16%
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How many trans people have experience violent crimes?
32%
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Other cards in this set

Card 2

Front

Gender Definition

Back

Social categorisation of roles in society, man or woman

Card 3

Front

Gender Identity Definition

Back

Preview of the front of card 3

Card 4

Front

Transgender

Back

Preview of the front of card 4

Card 5

Front

Non-binary

Back

Preview of the front of card 5
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