Human rights violations among sexual and gender minorities in Kathmandu, Nepal: a qualitative investigation

Sonal Singh,Suben Dhakal,Sunil Babu Pant,Luke C Mullany,Subash Pokhrel

doi:10.1186/1472-698x-12-7

Abstract

BackgroundNepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants in Kathmandu, to be nonprotected or violated.MethodsIn September 2009 three focus group discussions were conducted by trained interviewers among a convenience sample of sexual and gender minority participants in Kathmandu Nepal. The modified Delphi technique was utilized to elicit and rank participant-generated definitions of human rights and their subsequent violations. Data was analyzed independently and cross checked by another investigator.ResultsParticipants (n = 29) reported experiencing a range of human rights violations at home, work, educational, health care settings and in public places. Lack of adequate legal protection, physical and mental abuse and torture were commonly reported. Access to adequate legal protection and improvements in the family and healthcare environment were ranked as the most important priority areas.ConclusionsSexual and gender minorities in Nepal experienced a range of human rights violations. Future efforts should enroll a larger and more systematic sample of participants to determine frequency, timing, and/or intensity of exposure to rights violations, and estimate the population-based impact of these rights violations on specific health outcomes

Highlights

Nepal has experienced sporadic reports of human rights violations among sexual and gender minorities
Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants, especially men who have sex with men and third genders in Kathmandu, to be nonprotected or violated
The state has an obligation to protect people from violence, including those committed by non-state actors. These acts of discrimination should be interpreted in the broader context of human duties as reflected in the preamble to the International Covenant on Civil and Political Rights- “Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant” [13]

Summary

Introduction

Nepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Sexual and gender minorities in Nepal, including men who have sex with men and third gender people, constitute a vulnerable population with limited legal protections in Nepal [5,6]. Violence towards Metis (cross-dressing effeminate males) by law enforcement officers, including rape, has been reported, and metis may be potentially targeted because of their feminine gender presentation [5]. These reports, have usually been secondary accounts of sporadic incidents, and systematic assessments of the range of human rights violations faced by sexual and gender minorities are lacking

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Discussion

Conclusion