A Detailed Study of the LGBT in Global Context

Authors(1) :-Sonam Narayan

Although the Universal Declaration of Human Rights states in its first article that "All human beings are born free and equal in dignity and rights," the widespread persecution of LGBT people is a sobering reality that occasionally shocks the global moral conscience. All civilizations and nations share a deeply ingrained homophobic mentality; the only difference is one of degree. The fact that LGBTs were not even on the agenda of the United Nations, which is often seen as the leader in protecting human rights, until recently shows how little people care about these sexual and gender minorities. Before the famous Toonen v. Australia case in 1994, there wasn't much progress in this area when it came to sexual orientation rights. 282 This contested the Australian same-sex law's prohibition on consensual same-sex relationships, and the Human Rights Council determined that the significance of art. 17 privacy rights in this context were "undisputed," dismissing the morality arguments put out by the Australian government. In fact, it was the first time a court ruled that states did not have sole power over "moral matters," and it was praised as the first time "gay rights were accepted by the law on a global level." When Brazil's "Resolution on Sexual Orientation" presented a joint declaration on violations of human rights based on sexual orientation and gender identity in 2003, the United Nations held its first-ever consultation process regarding LGBT rights. However, the resolution was dropped without a vote because it was unable to reach consensus. This joint statement, which came out almost 60 years after the UN was founded, shows how bad and inconsistent the UN has been when it comes to protecting LGBT people, who are often called the world's most persecuted nonreligious minority because their persecution is often state-sponsored and carried out by state apparatus that is authorised and supported by the legislative, judicial, social, and religious establishments. The first substantive discussion of SOGI's issues was brought up on the UN agenda in 2008, this time during the General Assembly. The Netherlands and France brought the "UN Declaration on Sexual Orientation and Gender Identity" to this meeting. At first, only 66 governments agreed with it, but that number grew to 85 over time. The UN has recently taken a number of steps to make amends for past wrongs, but the resolutions and statements that were issued and discussed ultimately turned out to be pious platitudes because they were unable to stop the global crisis of homophobic purges and crackdowns in countries like Indonesia, Egypt, Tanzania, Russia, and others. Part of this failure is because the member nations "participated to advance a shared commitment to human rights, not to defend their own political interests." This makes it hard to get support for controversial issues like the rights of lesbians, gays, bisexuals, and transgender people. In 2011, the Human Rights Council passed the 2011 Resolution, even though it only had a narrow majority of 23 to 19 and three abstentions. This was a major turning point for the SOGI rights movement. Unexpectedly, homophobia is not an issue unique to the developing world, which is found only on the continents of Africa, Asia, and Latin America. The fact that in the United States in 2014, according to data compiled by the Federal Bureau of Investigation (F.B.I. ), approximately one-fifth of single bias hate crimes committed were attributable to the victim's sexual orientation, shows that even the most developed countries are not immune from this pervasive hostility towards these sexual minorities. By conducting a comparative analysis of the LGBT rights that are present in various nations and continents, this study examines the global situation of LGBT rights. This essay aims to investigate the rationale behind why various religions, civilizations, governments, courts, and nations treat certain groups of people in different ways. We'll also look at the legal and constitutional protections given to LGBT people in other nations and consider whether the group has benefited from merely passing laws.

Authors and Affiliations

Sonam Narayan
Research Scolar, M.J.P.Rohilkhand University, Bareilly, India

Homosexuality, LGBT, Human Right, Global, Civilization, Religion

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Publication Details

Published in : Volume 4 | Issue 5 | September-October 2021
Date of Publication : 2021-09-30
License:  This work is licensed under a Creative Commons Attribution 4.0 International License.
Page(s) : 153-165
Manuscript Number : GISRRJ214573
Publisher : Technoscience Academy

ISSN : 2582-0095

Cite This Article :

Sonam Narayan, "A Detailed Study of the LGBT in Global Context ", Gyanshauryam, International Scientific Refereed Research Journal (GISRRJ), ISSN : 2582-0095, Volume 4, Issue 5, pp.153-165, September-October.2021
URL : https://gisrrj.com/GISRRJ214573

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